State Ex Rel. Ross v. Mallory

Relator, David Allen Ross was charged with two traffic offenses by citations issued on December 1, 1978. Ross was convicted of “reckless driving” and “leaving the scene of an accident” on January 8, 1979 after a nonjury trial in the Lake County Justice Court of Virginia Mallory, the appellant. On this same date, an oral notice of appeal was given to the Justice Court on behalf of Ross who posted an appeal bond as ordered.

On January 16, 1979, written notice of appeal addressed to the Justice Court was filed on behalf of Ross, inadvertently with the Clerk of the District Court. The Clerk who…