State v. Schutte

The opinion of the court was delivered by

Garrison, J.

The plaintiff in error was convicted of assault and battery by "willfully and unlawfully” striking and wounding one Thomas Mitchell with an automobile as charged in the indictment.

Upon the trial before the judge of the Quarter Sessions, a jury having been waived, the allegations of the indictment were sustained by proof that the plaintiff in error ran his automobile through a city street at a rate of speed in excess of the rate permitted by section 23 of the Motor Vehicle act *16and that endangered public safety and that actually resulted in…