MAGISTRATE'S COURT

Nelson Evening Mail, Volume XLVII, Issue XLVII, 10 April 1912, Page 6

MAGISTRATE'S COURT

WEDNESDAY, APRIL 10, 1912. (Before Mr J. S. Evans, S.M.) DRUNKENNESS. Albert Terrill, miner, of Murchison, pleaded guilty to a charge of being found drunk in Waimea-street on Stii inst. He was convicted and dischar"-"rl. Albert Terrill was alto charged with obtaining liquor during the currency of a prohibition order. Mr P. B. Atkinson appeared for accused, who pleaded not guilty. Evidence was given by Sergeant Mullany and Constable Berthelson as to accused being in a state of drunkenness when arrested. Mr Atkinson, "for the defence, quoted section 214 of the Act, maintaining that the police had failed to prove their case in the terms of the Act. He quoted an opinion of Mr M'Carthy, S.M., who had laid it down in a judgment that a man could not be convicted twice on the same set of facts. Counsel contended that the facts of the present case were identical with th~ c."c quoted. The Magistrate said he had only one net of facts ir the present case. There was no evidence in the first charge against accused, but evidence had been called in the second charge. He agreed with Mr McCarthy's ruling to the extent that a man could not be convicted twice of one offence. Being drunk was not the same offence as procuring liquor, and it did not necessarily involve the same acts. He had no hesitation in convicting accused, who would be fined £2. costs 9s.