“BORDERLINE CASE”

Sun (Auckland), Volume II, Issue 416, 26 July 1928, Page 18

“BORDERLINE CASE”

S.M. DISMISSES CHARGE OF INTOXICATION

MECHANIC’S DEFENCE

Press Association. PALMERSTON N., Wednesday. In the Police Court this morning Leonard Melles, motor mechanic, aged 30, was charged with being intoxicated while in charge of a motor-car. Evidence wax given by several police witnesses that accused .was under the Influence of liquor, while his companion was lying drunk in a ditch, the car at the time of accused's arrest having gone over a bank. For the defence, a doctor gave evidence that he examined the accusel in the cells subsequent to his arrest, and to finding him excited and talkative, but perfectly coherent. Accused was not drunk, although he had had drink. Accused in evidence said he had two drinks, one In the morning and one in the afternoon. His companion had been picked up in the town and was then drunk. The accident to the car happened in avoiding another which was zigzagging along the road. Saying there was a great difficulty in defining what a state of intoxication was, the magistrate, Mr. J. L. Stout, S.M., decided that the case was on the border line, and it was not proved that Melles was in such a state as to bring him within the Act. The charge was dismissed.