When is Man Drunk.

Manawatu Standard, Volume XXXVIII, Issue 6713, 4 June 1900, Page 4

When is Man Drunk.

The Chief Justice delivered a judgment on an appeal made against a Magistrate's decision by Thomas Brown, hotelkeeper, Pahiatua, who was convicted, on the 12th December last of selling liquor to one John Farrelly while Farrelly vras " already in a state of intoxication." The grounds of appeal were that tho decision was erroneous and that the Magistrate had misdirected himself as to the meaning of tke words " already in a state of intoxication." Sir Bobqrfr asked the question " What is meant by ' already in a state of mtoxioation'?" and replied that in his opinion it meant th„t state in which, through intoxicating liquor a person has lost the normal control of his bodily and mental faculties. Ifc is a difficult matter to draw the line sa as to determine when a man ceased to be s»ber and became intoxicated. It is difficult to distinguish between states when come on gradually. He did not think the words " drunk and incapable " were the exact equivalent of " in a state of intoxication," which signify some degree less than absolute incapacity from drunkenness. The person mentioned in this case was eap&blo of asking and paying for more drink, and it cannot to be assumed that a man who is thoroughly drunk could either ask or pay for drink. The weight of evidence favoured the case for the appellant, end the appeal was allowed and the conviction quashed. No costs wore allowed. Dr Findlay appeared for tke appellcnt, and Mr H. D. Bell for the Crown.