State v. O'Brien

Lively, Judge :

Defendant, Fred 0 ’Brien, was convicted before a justice of the peace on a warrant charging him with having operated a motor vehicle on a public road while intoxicated. Upon appeal to the circuit court, his demurrer to the warrant and motion to quash the same were sustained. The special judge sitting in the case, on his own motion, certified the correctness of his rulings to this court for review.

We are confronted at the threshhold by a motion to dismiss this ease because the action of the court in sustaining the demurrer to the warrant and quashing the same is a final…