DOOLEY v. RHODES


134 A.2d 260 (1957)

Freddie DOOLEY, Petitioner, v. W. Paul RHODES, Warden, and The Trustees of the New Castle County Correctional Institute, Respondents.

Superior Court of Delaware, New Castle.

July 24, 1957.


Attorney(s) appearing for the Case

James P. D'Angelo and Stanley T. Czajkowski, Wilmington, for petitioner.

Wilfred J. Smith, Jr., Deputy Atty. Gen., for respondents.


HERRMANN, Judge.

The question presented is whether a justice of the peace has the power to impose a definite term of imprisonment for non-payment of a fine.

The petitioner was convicted by a Justice of the Peace for driving under the influence of intoxicating liquor. Since this was his second offense, the mandatory sentence was imposed, i. e., that he pay a fine of $500 and be imprisoned for a term of 60 days. See...

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