SALE OF LIQUOR.

Auckland Star, Volume LX, Issue 241, 11 October 1929, Page 3

SALE OF LIQUOR.

POLICE APPEAL DISMISSED.

MAGISTRATE UPHELD. (By Telegraph.—Press Association.) WELLINGTON, Thursday. The Full Court dismissed the appeal by Charles Peterson, police officer, Dunedin, from a decision by Mr. C. K. Orr Walker, S.M., dismissing an information against Arthur Albert Paape, licensee of the Grand Hostel, Dunedin, of selling liquor at a place not authorised by tho license. It was alleged by the police that defendant employed a commercial traveller named Smith to travel round obtaining orders for liquor. Smith obtained from one Breen at Timaru an order for certain liquor on terms of delivery on receipt of cash. The liquor was forwarded by carriers to Breen. The magistrate held that the evidence was insufficient to establish a complete sale away from the hotel, and dismissed tho charge. In delivering judgment the Chief Justice, the Hon. M. Myers, after remarking that the question involved was one of academical rather than practical importance, because a very small alteration of the order in question would in any ease make it sufficient to comply with the law, proceeded: "The magistrate has found that respondent accepted Breen's orders at respondent's licensed premises at Dunedin. and if that is so there was a complete executory contract. In the circumstances we think the admission by counsel for the informant is properly made, and that both he and the Court are bound by the magistrate's finding.

"The conclusion at which \ve arrive, therefore, is that in view of the magistrate's finding that a complete executory contract of sale was made on respondent's licensed premises at Dunedin, his dismissal of the information was right and must be affirmed. The appeal is accordingly dismissed with £10 costs."