Commonwealth v. Harris

Opinion op the Court by

Morris. Commissioner

Affirming.

Appellee was indicted by the Madison County grand jury on a charge of operating a motor vehicle in Richmond, while in an intoxicated condition. He filed special plea, asserting that he had been convicted in the police court of Richmond for the satire offense charged, presenting to the circuit court evidence of such conviction and payment of a fine of $100. Criminal Code of Practice, Section 172.

Commonwealth’s counsel demurred, thereby raising the question of law upon which he is now insisting, that the police court was without jurisdiction…