COURT OF APPEAL.

Temuka Leader, Issue 1417, 12 November 1885, Page 1

COURT OF APPEAL.

The Jourt of. Appeal sat at Wellington on Tuesday morning, the Judges present being the Chief Judge and Justices Gillies and Williams, The only business dona during the morning sitting was arranging the order of business. The following is the list of cases set down :—Fowler and others v. Wilkin—motion for hev? trial ; Ell v. Hurper (ihree cases)—Motion for further time to appeal; Saunders and another v. Cabot—Motion to set aside judgment ; Ward v. National Bank— Motion to set aside decree ; Wilson and others v. Brighton—Motion to set aside judgment; McQueen and others v. Dockery. The whole of these cases are from Christchnrch. In addition there were two Crown cases reserved from Dunedii), viz., Regina v. Lovegrove, and Regina v. Poole. In the afieruoon the cane of Regina v. Lovegrove was heard. The AttorneyGeneral appealed for the Crown. Lovegrove had been indicted at Oamaru for rape, but a jury acquitted him cf the capital offence, and brought in a verdict of guilty of attempt at rape. Justice Williams, before whom the cane *as heird, reserved certain legal points for the decision of the Court of Appeal. The Ap-torney-General submitted that the jury's verdict could not be disturbed, and in support of his contention he quo'ed a number of legal authorities. The Court was not. satisfied that the prisoner's counsel did not intend to appear, and therefore referred its decision. In Regina v. Poole the Attorney-General also appeared for the Crown. The other side was unrepresented. Edward Poola and Marjory Poole had been 'nclicted for having failed to provide their child with sufficient food, whereby it had become emaciated, to its great bodily damage. Edward Poole was acquitted, and Marjory Poole convicted. Points reserved as to whether there was sufficient proof to show that the child had permanently suffered injury from neglect. The AttornejGeneral contended that it was not necessary to prove that permanent injury wna done, but merely that the child had been injured by insufficient food. Judgment was reserved.