APPEAL DECISION
VARIATION OF INDICTMENT DISALLOWED. VERDICT TAKEN AS ONE OF NOT GUILTY. (Bv Telegraph—Press Association.) WELLINGTON. This Day. Judgment has been delivered by the Court of Anneal in the case against Norman O’Meara, who was charged at Auckland in October last with breaking and entering a dwelling house with intent to commit theft. The jury found a verdict of “guilty of breaking and entering, with intent to commit a crime. What crime was intended has not been definitely proved.” The Court of Appeal held that, in the absence of evidence to justify the jury finding intent to commit a crime, other than theft, the verdict must be taken as one of not guilty, and that an amendment of the indictment could not be made so as to allow a conviction.
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Wairarapa Times-Age, 7 May 1943, Page 4
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131APPEAL DECISION Wairarapa Times-Age, 7 May 1943, Page 4
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