APPEAL DISMISSED.

New Zealand Herald, Volume LXVI, Issue 20383, 11 October 1929, Page 17

APPEAL DISMISSED.

FAILURE OF PROSECUTION.

SALE HELD ,TO BE LAWFUL.

[BY TELEGKArH. —PHESS ASSOCIATION. ] WELLINGTON, Thursday.

The Full Court to-day gave judgment on an appeal by Charles Peterson, police officer, Dunedin, from a decision by Mr. C. R. On Walker, S.M., dismissing an information against Arthur Albert Paape, licensee of the Grand Hotel, Dunedin, of selling liquor at a place not authorised by the licence.

It was alleged by the police that defendant employed a commercial traveller named Smith to travel round obtaining orders for liquor. Smith obtained from one Breen at Timaru an order for certain liquor on terms of delivery on receipt of cash. The liquor was forwarded by carriers to Breen,

The magistrate held that the evidence was insufficient to establish a complete sale away from the hotel, and dismissed the charge In delivering judgment the Chief Justice, Hon. M. Myers, after remarking that the question involved was one of academical rather than practical importance, bocause a very small alteration of the order in question would in any case make it sufficient to comply with the law proceeded: "The magistrate has found that respondent accepted Breen's orders at respondent's licensed premises at Dunedin, and if that is so tnere was a complete executory contract.- In tho circumstances we think the admission by counsel for the informant is properly made and that both he and the Court are bound by tho magistrate's finding. "Tho conclusion at which we arrive, therofore, is that in view of the magistrate's finding, that a complete executory contract of sale was made on respondent's licensed premises at Dunedin, his dismissal of the information was right and must be affirmed. The appeal is accordingly dismissed with £lO costs."