Commonwealth v. Abell

Opinion of the Court, by

Creak, Commissioner

Reversing.

Cecil Abell was convicted in the quarterly court of Hopkins county on a charge of operating a motor truck upon a highway with a load in excess of the maximum limit prescribed by law and his punishment fixed at a fine of $50. On appeal to the circuit court of that county the case was submitted to-the court without the intervention of a jury upon the following stipulation of facts:

“It is agreed and stipulated by the .parties Plaintiff and Defendant that the evidence in this case subject to relevancy and competency, will be as follows:

“That on…