APPEAL COURT.

Taranaki Daily News, Volume LI, Issue 109, 29 April 1908, Page 2

APPEAL COURT.

Per Press Association. Wellington, Last .Night. The Court of Appeal gave judgmeni in the ca.sc Rex. v. lieeson, ciunina libel, that it was not necessary for tli( prosecution to prove at the trial thai the order authorising the prosecuiwu had been made by the Magistrate undei section o of the Criminal Code Amendment Act, 11)01. So long as the ord -r was duly made (as it was in this case), that was sufficient. The conviction was confirmed.

The Court then took Kex. v. Tustin. Defendant was convicted under the liankruptcy Act „f failing to keep proper books, and contracting debts when lie had no reasonable probability of being able to pay them, but the jurv expressly found he was not gll Ji ty J <i f any fraudulent intent. The' question was reserved for the higher" court, whent J i WW , ' l UWmaT y ingredient 1/,., 1C ?- Charge<i - The re was also another question, of admission of a de.l**Uoii. Mr. Neavc, for appefJu o" / !'• *' m io * ««. OrowiK » o camg on the latter, the Court deeided that fraudulent intent was not necessary t „ conßtit „ tc

Jn Rex v. llu»j,i„,i anneal ,i™j 1 „j !,,' V S"' " m!el ' the ago 0 f consent A e tdS aIS ° alm •' 11<!,1 «* con™ i„ I " s coiimei stating that he did not wish to go further with the appeal b,t , Court considered they A'htu'tt

Sale. h.,,i i S foi ' " ue w trial. uiuuli of breaking an entering, and on „St 0 " °{ &TZ o • "ted to apply for «, ucw lrin , ~., B^ tWMta *d^th.- to 1 „S