Bailey v. State

I agree that the judgment should be reversed, but the convictions of the probate court cannot be reinstated.

First it must be recognized that there were two cases. One is the case on traffic citations which proceeded in the probate court and was appealed for a de novo trial on those traffic citations in the superior court. Defendant’s bringing it to the superior court, left that case in the same posture it was in at the probate level: the state was the moving party, accusing defendant of traffic violations, and the defendant was the responding party, not an “appellant” in the sense of seeking…