Latimer v. Wilson

• Decision Date: 02 March 1926
• Docket Number: No. 242.,242.
• Citation: 132 A. 325
• Parties: LATIMER v. WILSON et al.
• Court: New Jersey Supreme Court

132 A. 325

LATIMER

v. WILSON et al.

No. 242.

Supreme Court of New Jersey.

March 2, 1926.

Certiorari to Court of Common Pleas, Morris County.

Certiorari by William F. Latimer to C. Franklin Wilson and others, to review prosecutor's conviction of violating automobile law. Affirmed.

Argued October term, 1925, before TRENCHARD, KATZENBACH, and LLOYD, JJ.

Wolber & Gilhooly, of Newark, for prosecutor.

David F. Barkman, of Morristown, for respondent.

PER CURIAM. This case is before us by virtue of a writ of certiorari directed to the judge of the court of common pleas of the county of Morris. The writ brings up the conviction of the prosecutor, William F. Latimer, for violation of section 14, subd. 3, of chapter 208 of the Laws of 1921, as amended by chapter 211 of the Laws of 1924. On June 7, 1925, a complaint under this section of the statute was made against the prosecutor. The complaint alleged that on June 7, 1925, on a public highway of the township of Denville, in the county of Morris, namely, on Rockaway road, the prosecutor operated a motor vehicle while under the influence of intoxicating liquor. Upon this complaint a warrant was issued commanding that the body of Latimer be taken before Thomas J. Hannon, Esq., justice of the peace. The state of the case shows that Latimer was brought before the justice of the peace, and that a hearing was had in which Latimer testified in his behalf. Latimer was found guilty, and a sentence of 30 days in the Morris county jail was imposed by the justice of the peace. Latimer then availed himself of the right of appeal by giving the customary notice of appeal. A trial de novo in the court of common pleas was afforded Latimer. This court, after hearing all of the testimony offered in support of the complaint and Latimer's witnesses, which included Latimer, found Latimer guilty, and imposed a sentence of 30 days in the Morris county jail. A writ of certiorari was then applied for and allowed.

When the case was moved in the Morris county court of common pleas, a motion was made for the dismissal of the case, on the ground that there was no proper return on the warrant issued by the justice of the peace, and for that reason the justice of the peace who tried the defendant was without jurisdiction to try and convict him. We see no merit in this contention. The warrant was issued. Latimer was in court. He participated in the trial. The warrant commanded that the defendant's body be taken and brought before the justice of the peace. As Latimer was present, either...