Nelte v. State

Wolcott, Justice.

This is an appeal from an order of the Superior Court on certiorari to a Justice of the Peace affirming a judgment of guilty.

The facts are that Nelte was arrested upon view by a Delaware State Trooper and taken before a Justice of the Peace whose office was located at a farther distance from the point of arrest than the office of another Justice of the Peace.

Nelte plead not guilty and a hearing was had after which the Justice of the Peace found him guilty and advised him of the right of appeal. Some five months later, after the time for an appeal had expired, Nelte petitioned…