State v. Bernardo

THOMAS E. LEE, Jr., Circuit Judge.

The defendant, Carl Bernardo, was arrested on January 9, 1961, and charged with violation of section 30-57 of the Code of Metropolitan Dade County, i.e., speeding. The lower court, Judge Mattie Bell Davis presiding, found the defendant guilty as charged.

The point on appeal is whether a reading from an untested speedometer, without additional evidence, is sufficient to sustain a conviction of speeding. A careful review of the record and the briefs reveal that the only evidence introduced by the state regarding the alleged speeding violation was the testimony…