PROBLEM FOR COURT.

Manawatu Standard, Volume LX, Issue 265, 8 October 1940, Page 8

PROBLEM FOR COURT.

QUESTION GF CONVICTION. Per Press Association INVERCARGILL, Oct. 7. Whether two intoxicated men travelling in a motor-car could be convicted of intoxication in charge of the car was discussed in the Magistiate’s Court to-day. The charges were pre,erred against John Macphergoji .Rain, who was driving the car, anc] Matthew Duffy, owner of the ear, who travelled as a passenger, Bain was convicted and sentenced, tp 14 days’ imprisonment and disqualified from obtaining u driver’s license for three years. Mr J, 0. Pram-; who appeared for Duffy, and entered a plea of not guilty, said that it was admitted that Duffy was drunk, There were two matters, however, which he desired to placo before the Court: Firstly, that Rain had already been convicted and sentenced for being drunk in charge of the car. Was it possible for Dully to lie convicted for being in ehargo of the game car at the same time? That would be extending the meaning ol the Act too jar. Then there was the question whether Duffy was in charge of the car at all. He submittea that Duffy was not in charge of the car at any stage. The inspector had taken away the keys, and this would effectively prevent defendant from driving even if he wished to do so The Magistrate (Mr R. C. Abernethy) sffid that the question would require some consideration and lie remanded defendant until Wednesday,