CASE DISMISSED

New Zealand Herald, Volume LXXVI, Issue 23401, 18 July 1939, Page 14

CASE DISMISSED

ALLEGED THEFT DENIAL BY YOUNG MAN QUESTION OF IDENTITY A denial that he had stolen £1 from the shop of " Christina Archibald Fobester was made by Ronald Kenneth McLeod, driver, aged 27, who appeared before Mr. J. Morling, S.M., in the Police Court yesterday. Detec-tive-Sergeant McHugh prosecuted and Mr. Goldstine appeared for accused. Mr. McHugh said he would call evidence to show that on the evening of .June 23 Mrs. Fobester went, to the back of her shop to have a meal. She heard a noise and, on looking in the shop saw a man disappear through the door. At this time- a woman who was passing the shop saw a young man at the till. She recognised accused as the man. The man she saw at the till ran away. Evidence was given by accused that he was a single man, in a good position. On the evening in question he had had a few drinks after work and left the hotel one minute before 6 p.m. He got a train and went straight home, where he arrived at about 6.20 p.m. Counsel said an honest mistake had been made by the witness, who identified the accused as the man she saw in the shop. He could not have been there at the time, as the evidence for the defence showed. The magistrate said the question was one" of identity and the evidence would have to be beyond all reasonable doubt before lie could enter ft coin iction. He was not convinced beyond all reasonable doubt that accused was the man. The case was dismissed.