ANOTHER CONVICTION QUASHED.

Taihape Daily Times, Volume XI, Issue 3524, 10 July 1920, Page 4

ANOTHER CONVICTION QUASHED.

K A KING COUNTRY APPEAL.

HAMILTON, July 9.

Sir John Salmond, at. Hamilton, yest.erd"ay, upheld the appeal of James Purves Lindsay, formerly :1 Inail_con-h-actor of Pio Pio, in the King Coun~ try, against his convictio-,1 for delivering liquor within a proclaimed area.

{ His Honour sa.id that for the deliv-lm-y o‘_' a jar of rum to one 0Rbe1"; ll«‘el's_g;.;_oil appellant had heen fined §£so and costs, while on :1. second charge of delivering twelve bottles of whisky to Charles Ackerm-an he was convicted and ordered to pay 7/ costs. I.n the second case, his Honor ruled the appeal out of court‘ owing to an error of procedure. In the other case the onus was on defendant of proving that he had no reasonable groun-il to suspect that the liquor was for sale or exposure. The prosecution had. however, merely proved] delivery. and defendant’s evidence that he knew nothing of Ferguson, had not been re'futed_ ‘With the whisky case. ho\'~.'ever, it was shown that appellant did know something of the man to whom he delivered it,» and the evidence in the case led to the conclusion that it was not genuinely for the manls own use. It was nfit necessary to deal with the whisky case, however, but he made these general ohsei-vations to guard against the supposition that because he had quashed the rum conviction, such would apply to the whisky case, if the court had jurisdictioll #0 deal withfit. - ~

The appeal in the whisky case was dismissed and that in the rum case allowed. ‘ ' .