CHARGE DISMISSED

Dominion, Volume 29, Issue 194, 14 May 1936, Page 15

CHARGE DISMISSED

Alleged Theft of Radio Set MAGISTRATE’S COURT CASES A charge of stealing a radio-set valued at £32/10/- from R. 11. Nimmo and Son, brought by the police against Robbie Alexander Lyon, was dismissed by Mr. E. D. Mosley, S.M., at the Wellington Magistrate's Court yesterday. Mr. E. C. Wiren appeared for the defence. Detective-Sergeant L. Revell said that Lyou went to Nimmo’s and said he would like a wireless set to take home on approval. He gave the name of R. Leopard, and an address at Kilbiruie. Later the salesman called at this address, aud Lyon said he was not satisfied with the set. A second set was therefore sent in place of Jbe first, aud a sales docket drawn up. When Lyon did not put in an appearance to pay the deposit for the set, the salesman found Lyon had changed his address. Later detectives located him at another address. The defence submitted that there was no theft in the mere failure to pay the purchase price. If that were the case, anyone who bought a radio set ou hire purchase, and failed to pay, would.be guilty of theft. . “I’d like an opportunity of establishing that the property in that radio set passed when the set changed hands,” said Mr Wiren. The case was adjourned until the afternoon, when counsel argued that there had been a technical sale. The magistrate concurred. Conversion of Motor-cycle John Robert Jaquiery, labourer, aged 25, pleaded guilty to the unlawful conversion of a motor-cycle, valued at £2O, the property of William Alexander John Ander son. “It may be this young man has not a normal appreciation of right and wrong,' said Senior-Sergeant J Dempsey. “At the time when he was arrested, he was wearing a suit of clothes which belonged to another man. He said he did not consider it a theft if he was not going to sell it for money.” It was stated that Anderson, who was employed on the waterfront, left his motor-cycle outside one of the wharf sheds at 8.15 a.m. An hour later he saw the young man Wheeling the machine toward the main gates. When accosted. Jaquiery said it was his own or one like his. At the police station he stated that someone must have taken his machine. Later, in a statement to the police, he admitted he did not own a motor-cycle. It was stated that defendant had had a nervous breakdown two years before. He' was placed on probation for twelve months, on condition that he should accept only such employment as the probation officer approved, and should not leave it without the probation officer’s consent. Case Adjourned As the police had received a doctor’s certificate that accused was confined to bed with influenza, a charge of false pretences against Charles Gordon Mackissaek was adjourned to May 20. Mackissack, an organising broker, aged 44, was charged that on January 25 at Trontliam he obtained £lO from Colin Alfred Boult by falsely representing that he was the authorised agent of W. Gregory and Co., land agents.