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Court of Appeal Wellington
17, 27 April 1967
Turner J., McCarthy J., McGregor J.
17, 27 April 1967
Turner J., McCarthy J., McGregor J.
Criminal law — Charge of burglary preferred — Doctrine of recent possession relied on to support charge of burglary — Whether alternative charge of receiving should have been preferred — Accused deprived of chance of verdict of guilty of receiving — Jury not instructed that if they thought accused guilty of receiving but not of burglary they should acquit — Conviction entered — Appeal — Fresh evidence tending to support charge of receiving — Observations as to framing of charges in such circumstances.