WAS NOT DRUNK.

Star (Christchurch), Volume LXIV, Issue 829, 1 August 1933, Page 7

WAS NOT DRUNK.

Conviction Against Y oung Man Removed. POSSIBILITY OF MISTAKE. Convicted and discharged as a first offender for drunkenness on July 25, a young man made application to have his case reheard at the Magistrate's Court to-day, and was successful in having the information dismissed. Defendant called evidence to support his claim that he had taken an epileptic fit. Mr E. D. Mosley, S.M, heard the case. Constable A. C. Taylor' said that he was on duty* in Colombo Street, Sydenham, at 2.30 am. when he found defendant lying in Brougham Street, near the Post Office. He had abrasions on his face and his breath smelt of liquor. In telling the Magistrate that he was satisfied that the. man was drunk the constable said: “ I had to hang him over a fence while I phoned for a taxi.” Constable J. Wilson said that he saw defendant at the station. He had the appearance of a man who had recovered partially from having had a considerable amount of liquor. Sergeant T. C. Harrison and Constable E. Bell also gave evidence that the man showed symptoms of drunkenDefendant’s father gave evidence that his son took fits. A woman friend said that defendant had been at her home until after I a.m. lie was not under the influence of liquor, but was unwell. Defendant said that he had been subject to fits for a number of years and more than once had been picked up on the street and taken to hospital. ”It is so long since I had any liquor,” he said, “ that I have really forgotten what it tastes like.” “ It is just possible that a mistake has been made in this case.” said Mr Mosley, in dismissing the information.