ASLEEP IN A CAR

Evening Post, Volume CXXVI, Issue 153, 2 December 1938, Page 8

ASLEEP IN A CAR

A CHARGE DISMISSED

"I submit that the law is definite that a mam ■who simply goes to sleep in somebody else's car is not in charge of that car;" said Mr. R. Hardie Boys in the Magistrate's Court today, on behalf of Jtohn David Mulholland, a storeman, ag-ed 33, who appeared before Mr. J. L. Stout, S.M., charged with being imtoxicated in charge of a car in Willisi Street. The Magistrate supported Me Boys's contention, and the case against Mulholland was dismissed.

Sub-Inspectoe D. A. McLean prosecuted.

At the outset Mr. Boys said that the accuracy of the doctors' certificates, which started that the accused was not in a fit condition to^be in charge of a car, was admitted. The question upon "jvhich the defence rested was whether the accused was in charge of the dar. Constable A. STesson said that at 11.35 p.m. yesterday, while on duty in Willis Street, fee noticed the accused fast asleep Sitting in the front seat of a car, behind the steering wheel. After seyecal attempts, witness awakened him;, and asked him if he had the keys,, and he said he had. He fumbled thrtough his pockets, and then turned the switch of the car, and put his foot on the self-starter. The car started. Witness drove him to the police station in ttoe car, and there he was examined by two doctors.

To Mr. Boys, witness said that the car was parked outside a Mr. Smith's residence, and he knew it was Smith's car. When he saw the accused he was dead asleep, with his head almost on his knees. He had rup key of the car, and no key was fotmd on him. Jle stated that he was hoping that Smith would drive him home.

Sergeant Cosgrave also gave evidence.

The evidence did not show that the accused was. in charge of thie car, said Mr. Boys. It showed only thjat he was asleep in somebody else's can At this stage the case was dismissed.