A CONVICTION QUASHED.

Taranaki Daily News, Volume L, Issue 60, 7 September 1907, Page 2

A CONVICTION QUASHED.

LATESTTELEGEAMS

DEFECT IN THE LAW. Per Press Association. Dunedin, Last Niglit. ■4-. At the Supreme Court to day, before Mr. Justice Williams, Mr. E. P. lfie submitted a motion for a dwree nisi in quashing the convi.ction of John White; , proprietor of the Queen's Hotel, Oauiaru, found guilty in July of selling 'liquor within a no-license district, »nd fined £SO and costs. On behalf of, White it was contended that the conviction did not disclose an -offence, as - the prosecution had not proved that 110jlicense was in force, and tbo magis- : trato had no evidence before him to show that at the time of the alleged offence no licenses .had been issued. His Honor said the conviction as it stands . is bad, because justification of offence for which accused was convicted is essential. The offence is admitted, and the only question is whether the court ■lias power to amend the conviction, ff it has power, the conviction ought cer- ' tainly to bo amended. I am afraid, however, that the power to amend does; , - I not exist. The attention of the Legis-! '■ , lature should be directed to this thing, -', , for it is most unfortunate that a con- ' viction made by a magistrate should be set aside on a technicality, yet it i ,must be set aside in this case, where ' ithere is a motion by rule nisi to quash.