SLY GROG CHARGES

Grey River Argus, 13 May 1938, Page 10

SLY GROG CHARGES

INDICTMENT PROBLEMS. POINT FOR APPEAL COURT. HAMILTON, May 10. . A case dealt with in the Hamilton Supreme Court yesterday when George Thomas White, carrier; of Taumarunui was found guilty on a charge of keeping liquor for sale in a proclaimed area, was the subject of reference to-day by the Chief Justice, Sir Michael Myers, who drew attention to an omission in the indictment.

His Honour pointed out that references to accused’s previous convictions were not contained in the indictment, and suggested that the indictment was therefore not in order, as the jurisdiction of the Court must be shown on the face of the indictment in accordance with the decision in the King v. Blackwell. > Mr H. T. Gillies for the Crown, and Mr W. J. King, for accused, argued the matter before His Honour. It was stated that, in omitting the reference to accused’s previous convictions from the indictment, the prosecution was following the ruling given by another Judge in Hamilton. His Honour questioned whether it was a correct ruling. The question was referred to the. Court of Appeal for a decision. | White, who had been remanded for sentence until Tuesday was admitted to bail, and was ordered to surrender

himself when called upon at the next session of the Supreme Court if the Appeal Court decision was given by then.

Addressing White, His Honour said he might succeed on a technical point, but His Honour was justified, in view of the jury’s verdict, in saying that accused’s had better completely give up the business of sly grog selling. Mr King: He feels himself that he will not continue. Hi's Honour: He should have come to that conclusion long ago.

As the same point was involved in the charge against Samuel Mercep, taxi-driver and restaurant-keeper, of Taumarunui, who was to have been re-tried on a similar indictment on Monday, the jury having disagreed when he was before the Court last session, it was decided that the charge against him should be adjourned until next session. Bail was renewed.