UNUSUAL CASE
CONSTABLES EXCEED DUTY By Telegraph Association ASHBURTON, May 7 A reserved decision in a case of an uhusual type was given to-day by Mr H. Morgan, S.M. Charged with being found drunk in a public place, counsel for defendant held that two constables Who arrested him exceeded their duty by carrying defendant from the yard of a hotel to the roadway so that they could arrest him in a public place, as disclosed by the evidence of the constables themselves. The Magistrate held that it had been given that a yard of a hotel was part of the licensed premises, but even if defendant was committing the offence of being on licensed premises without lawful excuse during closed hours (he was not so charged) no power to arrest or a right to remove him therefrom for that offence was given a constable. He could find no legal authority for the action of the constables in removing defendant. The case was dismissed.
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https://paperspast.natlib.govt.nz/newspapers/THD19370508.2.38
Bibliographic details
Timaru Herald, Volume CXLIII, Issue 20722, 8 May 1937, Page 8
Word Count
163UNUSUAL CASE Timaru Herald, Volume CXLIII, Issue 20722, 8 May 1937, Page 8
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