State v. Holliday

Lewis, Justice.

Respondent, W. H. Holliday, was convicted in magistrate’s court for driving a motor vehicle while under the influence of intoxicants in violation of Section 46-343 of the 1962 Code of Laws. He was initially taken into custody for such violation under an unlawful arrest. Upon appeal to the circuit court, the conviction was reversed solely upon the legal ground that such unlawful arrest vitiated the subsequent conviction. The State has appealed, contending that the lower court was in error and that the judgment of the magistrate’s court should be reinstated.

Before reaching the…