NOT ILLEGAL

Poverty Bay Herald, Volume LXII, Issue 18757, 13 July 1935, Page 15

NOT ILLEGAL

TICKETS IN TATTS APPEAL 'COURT RULING CONVICTION QUASHED (Per Press Association.) . . WELLINGTON, July 12. The UoUrt of Appeal and the Full Court.' Sat this' monling to deliver judgments in file Jacobs v. Dovle lat ts ease. , .The Full "Court,."by a majority.of three jiidgep to, two, allowed the -appeal and quashed the. conviction imposed upon tho appellant hy the magistrate in Dunedin. fTn a joint, judgment, .Sir .Michael Myers and .Mr Justice Blair came to the conclusion, tjiat.. the magistrate was wroqg pi amending, the information and convicting Jacobs of..selling a ticket, for, in their opinion, the appellant did not. "sell ‘tickets, bilt merely remitted the moiiey to Tasmania on hchall t el patrons. Jacobs was' riot." an 'agent of the promoters of the sweepstake, hilt the agent of the person in New Zealand on whose. Delia]t lie i,-emitted the money. The fact, that he received prizes on two different occasions did not. constitute him an agent of the. promoters. . On Hie other hand, the magistrate was right in t.lio .view he took that tho appellant, could not be convicted under paragraph 41.(c) of assisting or canvassing. for .subscribers to or receiving any money for tickets in a lottery, for that section referred only to lotteries prompted in Xo\y .Zealand. , - - i .Tu. a, 'separate, judgment. Mr Justice llcfdmau concurred with the conclusions arrived at by Si.r. .Michael Myers, and M,v, .justice Kennedy and Mr John Smith.. .bn dissent iiig judgments, held that, section 41 (c) did not. apply only to lotteries promoted in New Zealand, and in their opinion the appellant could he convicted under that section. The appeal was accordingly allowed.