WHAT IS A "PUBLIC PLACE"

Dominion, Volume 12, Issue 250, 16 July 1919, Page 7

WHAT IS A "PUBLIC PLACE"

INTERESTING LEGAL POINT. ißy Telegraph—Special Correspondent. Palmerston North, July 10, An interesting Shannon cose, bearing Dn the definition of a public place, was Beard lit the Magistrate's Court tu-dav, •when William liardner and Charles Yaughan were charged that within the view of passers-by, in a public place at blumiion, to wit, an alley leading from Ballanco Street to a public billiard saloon leased to Herbert Edward Hook, they diu play a game of chunue, known as two-up.

Constable Condon, of Shannon, deposed that on Juno 25 last he visited tile alley- [ n Question, leading to-the rear of Hook 8 billiard room. He noticed about 20 men in the yard,, including the two accused, who wero both takiug part in a game. , Witness then looked over from behind tho fence where he was standing, end the men immediately , scattered through the billiard room. Witness took possession of the money on tho box, amounting to 7s. 3d. Tho placc vheig tho men were playing was in full view of tho billiard i;oum, the door of which was open. Tho alley was a public thoroughfare. Cross-examined, the constable stated that lie watched tho game for about five seconds from over tho fence. On behalf of the accused, Mr, Cooper submitted that tho prosecution must lail ou tho ground that all places must be opeu places to bo public places, and, further, that a public building need not necessarily be a public place within tho meaning of the Act. If a person had to look over a fence to see a game it could not be a public place. He further submitted that tho place must bo in tiie view of persons who were themselves in a public place, and this had not bscn proved. The Magistrate (Mr. Stout) held (hat the polioe had failed to show that tho game had been played in "view of persons in a public place," and dismissed tho information. Tho police have lodged an application for a rehearing of tho case.