NO CASE TO ANSWER

Wanganui Chronicle, Volume 86, Issue 113, 16 May 1942, Page 3

NO CASE TO ANSWER

J JEMMY FOUND IN SHOP d An indictable charge against a ! young man, whose name was ordered d to be suppressed, was dismissed by , ' Mr. J. H. Salmon. S.M., in the Magis- ! (rate’s Court. Wanganui, yesterday. 1 Accused was charged with being found by night, without lawful excuse, in possession of a housebreaking instrument, a jemmy, but the magistrate held there was no case to answer. When the evMonce was heard last Tuesday, lhe magistrate reserved his decision till yesterday. The evidence I did not show that accused was found | in possession a jemmy, which was discovered by the police in a shop, though accused admitted that he had | been in possession of tin- instrument. ) "Whatever offence may have been I disclosed, the evidence was not Sufii- ' cient lo support the charge,” said the ; magistrate. Mr. P. Dickson, who appeared for accused, quoted an English authority where the Judge, in his decision, said that to prove an offence it must be shown that the person concerned was found by night in possession of a housebreaking instrument. A Canadian case referred to by counsel also indicated that the person must be discovered in possession of the instrument.