A CONVICTION QUASHED.

Rangitikei Advocate and Manawatu Argus, Volume XXXI, Issue 8743, 18 February 1907, Page 2

A CONVICTION QUASHED.

At Wanganui District Court on Friday, before Judge Haselden, the appeal case was heard Frank Ehodes (appellant) v. Timothy Breen (respondent). Mr Marshall, for respondent, said the case was an appeal against a decision given by Mr Stanford. The offence alleged was permitting drunkenness on licensed premises at Bulls last December. A man, in Bulls for a spree, had entered the Eangitikei Hotel, of which appellant was licensee. He had eight or ten drinks during the evening, and on his wife coming for him, went away, but then returned to the hotel. He had previously ordered and paid for a demijohn of beer. He left the demijohn at the hotel, and subsequently returned for it, giving it to his wife to carry home. On the way home he had a fight, and as the result of injuries received he was incapacitated for some time.

Defendant in the above case, who was the appellant in the case before his Honour, was fined £lO and costs by the Magistrate for permitting drunkenness on his premises. Evidence for the appellant (for whom Mr Cohen appeared) was in the direction of showing that the man in question was not on appellant’s premises when he got drunk. His Honour, in giving judgment, pointed out that no witness had sworn that the man was in the hotel while in a state of drunkenness. Ho quashed the conviction and ordered the money deposited by appellant to he returned