NOT IN CHARGE

Wairarapa Times-Age, 3 December 1938, Page 8

NOT IN CHARGE

MAN FOUND ASLEEP IN CAR. INTOXICATION CASE DISMISSED. (By Telegraph—Press Association.) WELLINGTON. December 2. "I submit that the law is definite that a man who simply goes to sleep in somebody else’s car is not in charge of that car,” said Mr Hardie Boys, on behalf of John David Mulholland, a storeman, aged 33, on an intoxication chares. The magistrate, Mr J. L. Stout, agreed, and, the care was dismissed.

Constable Jesson,. who found defendant asleep behind the wheel, described how he awoke him with trouble. He asked defendant if he had his keys and defendant fumbled through his pockets and Then turned on the switch and- put his foot on the self-starter and the car started. Witness drove defendant to the police station, where he was examined by a doctor. To Mr Hardie Boys, witness said the car was parked outside a Mr Smith s residence, and witness knew it was Smith’s car. Defendant had no key of the car, and no key was found on him. He said he was hoping that Smith would drive him home. The case was dismissed, the magistrate saying the evidence did not show that defendant was in charge of the car.