Best v. State

MARVEL, Vice Chancellor:

Following his conviction before a Justice of the Peace on a charge of driving a motor vehicle while under the influence of intoxicating liquor, 21 Del.C. § 4176, the appellant took an appeal to the Superior Court, where, after a trial de novo, he was again convicted of the same offense. The sentence imposed was sixty days in jail and a fine of $500.00. The present appeal ensued.

Introduced at the trial de novo in the Superior Court under the so-called Business Records Statute 1 was evidence of alcoholic intoxication on the part of the appellant at the time of his arrest…