THEFT CHARGE DISMISSED

Taranaki Daily News, 24 July 1931, Page 11

THEFT CHARGE DISMISSED

POSSIBILITY OF TYRES MIXING.

MAN GIVEN BENEFIT OF DOUBT.

The possibility of the tyres having been mixed in the shop in which they were retreaded and the wrong one delivered had raised a doubt, the benefit of which had to be given to the accused, said Mr. R. W. Tate, S.M., in New Plymouth yesterday when dismissing an information against Harold William Mayenberg. The previous day lie had been charged with the theft, on or about March 30, 1931, of a tyre and tube belonging to Fred A. Hooker. Though Mayenbcrg’e tyre had been taken to the repairers on December 4 there was no evidence when it was delivered to him, said the Magistrate. It was quite likely Hooker’s tyre was at the shop then. The retreaders had admitted it was possible tyres might become mixed during the processes to which they were submitted. Regarding the defence of an alibi, Mr. Tate said it seemed quite possible for Mayenberg to have left the house during the time in question without other persons in the place being' aware of his movements. As it had been proved to be his property, an' order was made for the return of the tyre to Hooker.