KILLING A BABY.

Taranaki Daily News, 15 April 1920, Page 3

KILLING A BABY.

CHARGE AGAINST MOTHER. COURT OP APPEAL TO INTERPRET JURY'S VERDICT.

A ease arising out of the killing of an illegitimate child interested the Court of Appeal in Wellington on Holiday. It was the manslaughter charge against Hilda Holden, a Whangarei girl, who at the time the child was born was eighteen years of age. The" accused was arraigned at the February sitting of the Supreme Court on an indictment charging her with the manslaughter of her illegitimate child. The defence was that the act which caused the death of the child might have been done by accused when in a state of mental distress and confusion 1 which follows on the birth of a child in such a case. Actual insanity was never suggested. Mr. Justice Chapman, who heard the case, told the jury that they were not to convict prisoner if the injuries to the child were caused by the mother accidentally, or when she was not conscious that she was doing an in- 1 jurious act.

Allan J. Moody, of Auckland, appeared for the accused. Sir John Falmond intimated that 'he intended to argue that a verdict of guilty should bo entered. Mr, Moody contended that there had been no criminal intent. It might he that the ease should go back for a new trial. He considered it a clear case in which the jury intended to acquit. The Chief ."Justice: They have not, said so. We must presume that the jury said slic knew what she was doing-, but did not think the act would kill the child—that she had no intention to kill, A man might meet another on the street and knock him down. He did not intend to kiil him, but he did a wrongful act. SOLICITOR-GENERAL'S OPINION. Sir John Salmond submitted four alternatives for consideration:— 1. Is it (j, verdict of not guilty on the ground of insanity? 2. Is it a verdict of'not guilty? "■ Is it a verdict of guilty of manslaughter f 4- Is it an ambiguous verdict which must result ii>. a new trial? In answer to these alternatives ho said:— 1. Insanity was sever suggested. 2. It could only be a verdicit of not guilty if the jury had found a verdict which was ,in law inconsistent with gmtt 3- It was a verdict of guilty of man, slaughter of the kind denned as killing by an unlawful act. It did- not matter whether she realised the effect of the act or not. Such a verdict might as well have been applied to the assaulting of a man while drunk. Finally Mr. Moody appealed that if there was any doubt there should be a new trial. The Chief Justice said the court would take time to consider- the case.