CONSTABLE’S APPEAL

Sun (Auckland), Volume III, Issue 782, 1 October 1929, Page 9

CONSTABLE’S APPEAL

CLAIMS S.M. MADE ERRONEOUS DECISION CASE BEFORE FULL COURT Press Association WELLINGTON, Today. The Full Court, consisting of the Chief Justice, the Hon. M. Myers, and Justices Herdman, Adams, MacGregor and Ostler, is engaged today in hearing the appeal of Edward Frank Smith, police constable, of Nelson, appellant, against Keith Hickson, licensee of the Royal Hotel, Nelson, respondent. * Three informations were laid in. June against respondent by appellant alleging that on April 27, 1928, respondent, being the licensee of the Royal Hotel, Nelson, did at a time when such premises were directed to be closed by the Licensing Act sell liquor in such premises, expose liquor for sale and open the premises for the sale of liquor. The informations were heard at Nelson on June 10 before Mr. T. E. Maunsell, S.M. Respondent pleaded guilty to each information and was fined £2 2s and costs. The magistrate held that the opening for sale and exposing were a part of the transaction of sale which respondent had been convicted, and accordingly dismissed the two latter informations. Appellant is appealing pn the ground that the magistrate made an erroneous decision of law in dismissing these two informations. Mr. C. R. Fell appeared for appellant and i Messrs. Perry and S. H. Moynagh for I respondent.