Court of Appeal Wellington
25 March; 6 April 1955
Cooke J; North J; Turner J
25 March; 6 April 1955
Cooke J; North J; Turner J
Criminal Law — Appeal against Conviction — Accused arraigned in Presence of Whole Jury — Panel, on Count of Escaping from Prison — Later Trial by Members of Such Panel on Six Counts of Housebreaking, Theft, and Wrongful Conversion — Accused Convicted on Five Such Counts — Arraignment in Presence of Jury-Panel on charge of Escaping from Prison, implying Accused a Convicted Person, seriously prejudicing Accused in His Defence — Notwithstanding Such Irregularities, "no substantial miscarriage of justice" in Respect of Three Counts — New Trial on Two Counts — Criminal Appeal Act, 1945, s 4 (1).
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