State v. Prince

Brailsford, Justice:

The defendant was arrested for driving under the influence of intoxicating liquor at 12:45 A.M. Sunday morning, February 4, 1973. He was incarcerated for a time, but was later released after service on him of an Official Summons and Arrest Report requiring him to appear for trial before the trial magistrate at 3 :00 P. M. on February 6, 1973. Upon his failure to appear or to request a continuance, he was tried by the magistrate at the appointed time and found guilty as charged. On February 8, he served notice of intention to appeal to the circuit court upon the ground…