Quarter Sessions
| Date | 01 April 1956 |
| Published date | 01 April 1956 |
| DOI | 10.1177/002201835602000202 |
| Subject Matter | Article |
Quarter
~
Sessions
LARCENY: MISDESCRIPTION OF
OWNERSHIP
IN
INFORMATION
R.
v. Rodgers
THE question of how far misdescription of ownership in an
information
and
aconviction based on it vitiates
the
proceedings was raised before
the
Appeal Committee of
Nottinghamshire
Quarter
Sessions on
zznd
February
1956.
On
roth
January 1956 Noel Rodgers was convicted at
the
magistrates' court, East Retford, Nottinghamshire, on an
information charging
that
he on
the
16th day of November
1955 at Finningley in
the
county aforesaid feloniously
did
steal a quantity of copper cable
and
two electric
junction
boxes, of
the
total value of £25,
the
property of
Her
Majesty's
Secretary of State for War, contrary to s. 2 of
the
Larceny Act
1916,
and
was sentenced to six
months'
imprisonment. He
appealed against conviction.
Before
the
Appeal Committeeapolice officer gave evidence
for
the
respondent to
the
effect
that
he had found
the
property
named in
the
information in
the
appellant's van,
and
that
the
appellant gave
the
explanation
that
he
had
found it at a
roadside
dump,
to which he subsequently took
the
police
officer. An employee of
the
Air
Ministry
gave evidence
that
the
cable
and
boxes were in good condition
and
worth about
£25;
that
the
property was exactly similar to property issued
to Finningley Aerodrome;
that
the
junction
boxes bore
the
same serial
number
as those issued to
the
aerodrome; and
that
property of this nature would
not
be abandoned by
the
Air Ministry.
At
the
close of
the
respondent's case, counsel for
the
appellant
submitted
that
he
had
no case to answer, because in
the
information
and
conviction
the
cable
and
junction
boxes
had
been described as
the
property of
Her
Majesty's Secretary
of State for War, whereas all
the
evidence
had
been directed
to showing
that
they were
the
property of
Her
Majesty's
13.
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