COURT NEWS

Grey River Argus, 3 December 1938, Page 9

COURT NEWS

Asleep in Car DRUNKENNESS CHARGE FAILS. WELLINGTON, Necember 2. ; "1 submit that the law is definite. ' that a man who simply goes to sleep in somebody else’s ear, is not in charge of that car,” said Mr.Hardi? Boys, on behalf of John David Mulholland, 33, storeman on an intoxication charge. . The Magistrate (Mr Stout) agreed and the case was dismissed; A Constable Jesson, who found the defendant asleep behind the wheel, described how he . awoke him with trouble. He asked the defendant had he the keys, and defendant fumbled through his then turned on the switch, and put a foot on the selfstarter. The car started. 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. No key was found on him He said that he was hoping Smith would drive him home. _ The case was dismissed, the Magistrate saying the, evidence did not show the defendant'was in charge of the car. ’ AIR FORCE MAN. CHARGED WITH ASSAULT. AUCKLAND, December ,J. V Noel Alexander Spring-Rice, an aircraftsman, aged 35 (Mr. • V. N. Hubble), pleaded not guilty in the Magistrate’s Court to-day to a charge of assaulting Kenneth George Apia Callingham so as to cause actual bodily harm. The accused and the complainant are both employed at the Royal New Zealand Air Force base at Hobsonville. '. After hearing evidence, the Magistrate committed Spring-Rice to the Supreme Court for trial. Bail was allowed. / ' CLAIM AGAINST FATHER’S ESTATE. CHRISTCHURCH, December 2. A payment of £1,150 from the estate of his father, in addition to the provisions of the will, was allowed to James Kennedy Leahy, a driver, of Christchurch, in a judgment given by Mr. Justice Northcroft in the Supreme Court yesterday morning. The judgment was at the consent of all parties. ■ Mr. R. J. Loughnan appeared for the son, who sought extra provision from the estate to that made in the will, and Mr. F. 8.-Hill represented the trustee of the 'estate of James Leahy, a retired farmer, of Christchurch, and also St. Bede’s College, the residuary legatee.