State v. Musk

MEMORANDUM OF DECISION.

Gregory B. Musk appeals from a conviction in Superior Court, Franklin County, for operating a motor vehicle while under the influence of intoxicating liquor (29 M.R.S.A. § 1312). We must set aside that conviction on grounds not raised by either party, namely, that the Superior Court had no jurisdiction.

We have previously indicated that procedural regularity is necessary for a proper transfer of a case from District Court under 15 M.R.S.A § 21141 and D.C.Crim.R. 40. State v. Mason, Me., 420 A.2d 216 (1980); State v. Currier, Me., 409 A.2d 241 (1979). In the case before…