State v. Trimming

SMITH, Justice.

Appellant has appealed from a judgment of conviction of driving an automobile on a public highway at a speed greater than was reasonable and prudent. The appeal is designed to test whether, under I.C. § 49-701, driving a motor vehicle on a public highway in excess of the posted speed limit, in and of itself, constitutes a crime, particularly in the absence of any showing of conditions as to render the speed unreasonable and imprudent.

The complaint filed in the justice’s court of the Justice of the Peace, Elmore Pre*443cinct in Elmore County, charged that on January 29, 1964,…