APPEAL COURT.

Taranaki Daily News, Volume LII, Issue 212, 13 October 1909, Page 2

APPEAL COURT.

AN UNUSUAL CASE. By Telegraph.—Press Association. Wellington, Tuesday. The Appeal Court to-day is hearing the case Hex v. Drown and McKaim. The case turns on a provision in the Crimes Act which enacts that if prisoners choose not to give evidence on their own behalf no adverse comment shail be allowed thereon. In this case the respondents were charged with robbery. They did not give evidence and were convicted after tlie Judge had commented on the. faet that they did not go Into the box to contradict the prosecutor. The question for the Court *was whether the provision in the Act binds the Judge or only the Crown Prosecutor. If the former, then it was admitted the conviction must be quashed. Mr. Mvcrs. ap peared for the Crown and Mr. Webb for the prisoners.

AN APPEAL DISMISSED. Wellington, Last Xight. The Appeal Court this afternoon was occupied with another criminal ease, Rcc v. Rolton. Prisoner was convicted at Auckland of an offence against a girl under Uic age of consent. He set un all alibi, which was. supported by a witness, nut the constable in charge of til': caee gave evidence that this witness hail stated to him that accused admitM being with the girl on the day when the offence was alleged to have been committed. The question for the Cgurt was whether tile constable's evidence was admissable. The judgment of the Couit was that tile evidence was rightly admitted, and the conviction was affirmed.