NOT "IN CHARGE."

Auckland Star, Volume LXIX, Issue 286, 3 December 1938, Page 15

NOT "IN CHARGE."

MAN IN FRIEND'S CAR. PROSECUTION DISMISSED. (By Telegraph.—Press Association.) WE LLI SO T< >X, Friday. "I submit that the law is definite that a man who dimply goes to sleep in (somebody else's car w not in charge of that car," said Mr. Hardie Boys, on behalf of John David Mulholland (.'l.'t), a storeman, who was charged with lieing intoxicated while in charge of a car. The magistrate, Mr. .T. L. Stout, agreed, and the case was dismissed. Constable .lesson, who found the defendant asleep l*eliin<l the wheel, described how he awoke him with trouble. He asked the defendant if lie had the keys of the car, and defendant fumbled through his pockets. He then turned on the switch ami put his foot 011 the self-starter. The car started and witness drove defendant to the jiolice station, where lie was examined by a doctor. To Mr. Hardie Boys, witness said the car was parked outside a Mr. Smith's residence and witness knew it *«« Smith's car. Defendant had no key of the car and 110 key was found on him. He said he was hoping Smith would drive him home. The magistrate said the evidence did not show the defendant was in charge of the car.