SLY GROG CASE

Waikato Times, Volume 122, Issue 20492, 7 May 1938, Page 9

SLY GROG CASE

QUESTION OF LAW TO QO TO APPEAL COURT INDICTMENT TECHNICALITY George Thomas White (35), lorry driver, of Taumarunul, was the day before yesterday found guilty in the Supreme Court, Hamilton, on a charge of keeping liquor for sale in a proclaimed area, but after the receipt of the Jury's verdict It became necessary yesterday to submit the question of prisoners previous convictions for proof as It was found by the Chief Justice, Sir Michael Myers, that such previous convictions had not been placed on the Indictment. Hls Honour accordingly suggested that the Indictment was. therefore, not in order as the jurisdiction of the court had to be shown on the face of the Indictment, in accordance with the decision in the case, Rex v. Blackwell. The question of law Involved was accordingly reserved by His Honour for the decision of the Court of Ap-t-L Sir Michael Myers’ Comment “Whatever may happen In the case on appeal, even If it succeed on a technicality,'’ said His Honour, “I am satisfied that on accused's own evidence he had better give up completely hls business of sly-grog selling. I am quite justified In making that observation, In view of the Jury's verdict, otherwise, of course, I should make no mention of the matter.” Mr. W- J. King f counsel for defence): Prisoner Is indebted to your Honour. Hls Honour: I very much regret that he may have reason to be! Prisoner was admitted to bail on his own recognisance of £2OO and one I surety of £2OO or two sureties of £IOO each. He was ordered to surrender himself if called upon by the Registrar of the Supreme Court In Hamilton, or If not sooner called upon at the next sitting of the court in Hamilton. Accused was also ordered to report to the police at Taumarunul at least once weekly In the Interim. OTHER CABE ADJOURNED APPLICATION BY CROWN Following the deoision given by Hls i Honour, Sir Michael Myers, In the Supreme Court, Hamilton yesterday afternoon to refer to the Court of Appeal for consideration, a technical point of law raised following the conviction of a sly-grog seller, an adjournment until the next session of the court In Hamilton, was granted, on the application of the Crown, In respeot to the other case alleging sly-grog-glng activities which appeared on the calendar. This latter case was the re-trlal of Samuel Mercep, restaurant proprietor and taxi-driver, of Taumarunul, in whose case a Jury filled to reach agreement at the February session of the oourt In Hamilton. Mercep Is charged with keeping liquor for sale in a proclaimed area and also with the sale of liquor In a proclaimed area. Accused was granted ball on the same conditions as formerly, with the proviso that he should enter Into a new bond. Mr. N. S. Johnson appeared for Mercep.