State v. Melanson

*169Williamson, J.

This criminal case is before us on exceptions by the respondent to the sustaining of the State’s demurrer to his special plea in bar. The issue is whether a speeding summons which fails correctly to set forth the statutory prima facie lawful speed constitutes a bar to prosecution of the alleged violation of statute.

The respondent is charged on a complaint originating in the Lewiston Municipal Court with the misdemeanor of driving a motor vehicle at a speed not careful and prudent. R. S. c. 22, § 113, I, II, II-C, and II-D. Specifically, the charge is that the respondent drove a…