CASE DISMISSED

New Zealand Herald, Volume LXXVII, Issue 23770, 25 September 1940, Page 11

CASE DISMISSED

ALLEGED INTOXICATION EVIDENCE OF DOCTOR A charge of being intoxicated in charge of a motor-car in Mount Eden Road was preferred against Cecil McMaster, salesman, aged 37 (Mr. Dickson), in the Police Court yesterday, before Mr. J. Morling, S.M. Accused pleaded not guilty. Constable Kilgour said that at 2.30 a.m. on Sunday morning lie saw a car outside a flat in Mount Eden Road. The car was unlocked and the ignition key in the switch. He went up to the flat, where accused and two other men were sitting at a table on which there were two bottles of beer. Later, witness saw accused start the car, and he was taken to the central police station.

Evidence was'given by Sergeant Milligan and three constables that, in their opinion, accused was intoxicated and unfit to be in charge of a car. "The police on their own volition called in Dr. Hevcock, who certified accused as fit to drive," said Mr. Dickson. In the doctor's opinion, he added, the fact that accused had been paralysed since birth would account for the symptoms he showed. Dr. Heycock gave evidence concerning his examination of accused at the police station! His final conclusion, lie said, was that accused was capable of driving, although he had had a certain amount of drinK.

According to the doctor's evidence, said the magistrate, accused's physical condition was the chief cause of _ his apparent intoxication. Tho case was dismissed.