The King v Martini - [1941] NZLR 361

Criminal Law — Theft — Indictment for Common Theft — Case presented as if Charge for Theft by Person receiving Money on Account of Another — Direction that Accused's Admission of Appropriation of such Money constituted Theft — No Explanation that Appropriation must be Fraudulent — Jury's Verdict — "Guilty with recommendation for leniency, as we believe the crime to be a technical breach of agreement without intention to permanently retain the moneys" — Misdirection that might have occasioned Miscarriage — New Trial — Crimes Act, 1908, ss 240 (1), 242, 445.