SLEEPER NOT IN CHARGE

Poverty Bay Herald, Volume LXV, Issue 19803, 3 December 1938, Page 18

SLEEPER NOT IN CHARGE

ANOTHER PERSON’S CAR

FROSECUTLON FAILS (1 *,■ i- Press Association.) WELLINGTON, last night. -I submit that the law is definite, that a man who simply goes to sleep in somebody else's car is not m charge of that car,” said Mr. Hardie Boys, on behalf of John David Mulholiand, aged 33, a storeman, who was charged with being found intoxicated in charge of a car. The magistrate. Mr. J. L. Stout, agreed and tiie case was dismissed. Constable Jcsson, who found the defendant asleep behind the wheel described how lie awoke him with trouble. He asked the defendant ll h e had the keys and the defendant fumbled through his pockets, then turned on the switcli and put his foot on the self-starter. The car started. Witness drove tiie defendant to the police station, where iie was examined by a doctor. Replying to Mr. Hardie Boys, witness said the ear was parked out,side a Mr. Smith’s residence and the witness knew it was Mr. Smith’s car. The defendant had no key of the car and no key was found on him. He said he was hoping that Mr. Smith would drive him home. The case was dismissed, the magistrate saying that the evidence did not show the defendant was in charge of the car.