State v. Pack

Carey, J.:

The defendant was arrested on February 17, 1962 for operating an automobile at an excessive rate of speed. He was tried on the same date and found guilty, whereupon he filed an appeal to this Court. The trial took place before Edwin C. Moore, “Justice of the Peace”. Defendant has now moved to dismiss the information on the ground that Edwin C. Moore was not a Justice of the Peace on February 17, 1962 and therefore had no authority to try the case.

Defendant’s contention is based upon the failure of Mr. Moore to comply with Title 10 Del. C. § 9106, which reads as follows:

“Every…