Opinion
08-15-1933
STATE v. BUNDY.
Percy Warren Green, Atty. Gen., and Robert G. Houston, Deputy Atty. Gen., for the State. James M. Tunnell, of Georgetown, for defendant.
Cora A. Bundy pleaded guilty to a charge of failing to stop after an automobile accident, and she appeals. On the state's motion to dismiss the appeal.
Motion granted.
HARRINGTON, RICHARDS, and REINHARDT, JJ., sitting.
Percy Warren Green, Atty. Gen., and Robert G. Houston, Deputy Atty. Gen., for the State.
James M. Tunnell, of Georgetown, for defendant.
Court of General Sessions for Sussex County. Appeal from a Justice of the Peace, No. 3, June Term, 1933.
The record attached to the information filed showed that the defendant had been arraigned before a Justice of the Peace of the County on a charge of having failed to stop after an accident had happened, in violation of the provisions of the Motor Vehicle Law (36 Del. Laws, c. 10, § 107, as amended by 37 Del. Laws, c. 10, § 27); that she had plead guilty on that charge and had been fined by the Justice .$100.00 and costs, but had subsequently appealed her case to this Court.
Case heard on motion of the State to dismiss that appeal. In opposing the motion the defendant cited State v. Stevens, 3 W. W. Harr. (33 Del.) 479, 139 A. 78.
The State, on the other hand, contended that the Stevens Case, if correctly decided, had no application where the right of appeal was not expressly given by article 4, § 30, of the Constitution of 1897, and that though the defendant was given the right of appeal by the statute (section 146, c. 10, vol. 36, Laws of Del.) she had waived that right by pleading guilty to the charge before the Justice. The State also cited State v. Schreiber, 5 W. W. Harr. (35 Del.) —, 166 A. 669.
HARRINGTON, Judge, delivering the opinion of the Court:
The motion of the State to dismiss the appeal in question is granted. See State v.
Schreiber, 5 W. W. Harr. (35 Del.) —, 166 A. 669.