CONVICTION QUASHED

Poverty Bay Herald, Volume LXIV, Issue 19373, 10 July 1937, Page 14

CONVICTION QUASHED

MILK SHAKES NOT MILK CHIEF JUSTICE’S DECISION (Piir Press Association.) WELLINGTON, last night. “In my view, the appellant, in selling milk shakes, was not selling milk within the meaning of the statute,’’ stated the Chief Justice, Sir Michael Myers, in his judgment delivered in the Supreme Court to-day in the case in which Tiffins, Limited, proprietors of milk bars, appealed from the conviction by Mr. J. H. Luxford, S.M., in the Wellington Magistrate's Court, f or selling milk (milk shakes) in Wellington without a license from the City Council. “He was selling a compound product of the mixture, of which, it if true, the foundation was milk and the greater part of the mixture was milk but, in my opinion, that is not sufficient. The compound article Was not milk within the meaning or contemplation of the statute,” said His Honour. “That being mv view. I hold that the magistrate’s determination was erroneous and must be reversed, the appeal being allowed and the conviction quashed with £7 7s costs.”