NOT IN CHARGE

Evening Star, Issue 23130, 2 December 1938, Page 8

NOT IN CHARGE

DRUNKEN MAN IN SOMEBODY ELSE'S GAR CHARGE DISMISSED [Per United Press Association.] WELLINGTON, December 2. “ I submit that the law is definite that a man who simply goes_ to sleep in somebody else’s car is not in charge of that car,” said Mr Hardie Boys, on behalf of John David Mulholland (33), a storeman, who appeared on an intoxication charge. The magistrate (Mr Stout) agreed, and the case was dismissed. Constable Jesson, who found the defendant asleep behind the wheel, described how he awoke him with trouble. He asked defendant had he the keys, and defendant fumbled through his pockets, then turned on the switch and put his foot on the self-starter. The car started and witness drove defendant to the police station, where he 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 was Smith’s car. Defendant had no key of the car, and no key was found on him. He said he was hoping Smith would drive him home. The case was dismissed, the Magistrate saying the evidence did not show that defendant was in charge of the car.