Court of Appeal Wellington
14 June; 25 June 1954
Finlay J; Gresson J; Cooke J; North J; Turner J
14 June; 25 June 1954
Finlay J; Gresson J; Cooke J; North J; Turner J
Criminal Law — Murder — Jury returning Verdict "Guilty of murder whilst temporarily of unsound mind" — Foreman explaining, in Answer to Judge's Question, that Verdict negatived Murder — Jury again retiring and returning Unanimous Verdict, "Guilty of Murder" — Foreman's Answer not a Verdict of Murder but His Own Explanation of Words Used — Verdict given on Jury's Return from Final Retirement — Substantial Evidence in which to found Verdict of Murder — Court not justified in substituting Verdict of Manslaughter — Criminal Appeal Act, 1945, s 5 (2) (4) — Crimes Act, 1908, s 43 — Mental Defectives Act, 1911, s 31.
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