State v. Stoesser

Lynch, J.:

The essential facts of this case show that defendant was arrested on a charge of operating a motor vehicle while under the influence of intoxicating liquor, 21 Del. C. 4111(a). On August 18, 1961 he entered a plea of guilty before a Justice of the Peace to such charge, whereupon he was adjudged guilty, sentenced to and paid the minimum fine and costs. Under the provisions of Title 21 Del. C. § 708, any appeal would have had to have been taken within 15 days “from the time of conviction”. Defendant did not appeal from that judgment of conviction. If defendant had appealed this court…