State v. Spear

Defendant was charged with speeding, and after conviction in the Magistrate Court, appealed to the circuit court. On December 18, a jury having been waived, the court heard evidence. At the conclusion of the evidence, the following statement appears:

“The Court believes the State has sustained the burden of proof beyond a reasonable, doubt that the defendant did exceed the speed limit of 70 miles an hour. The Court will fix the fine of the defendant at $10.00 and costs. That will be the judgment of the Court.”

Three days later, defendant filed a notice of appeal.

We are again confronted with a…