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IN RE SEWELL'S PETITION

153 A.2d 209 (1959)

Matter of the Petition of Harvey SEWELL.

Superior Court of Delaware, Sussex.

July 13, 1959.

Attorney(s) appearing for the Case

Howard T. Ennis, Jr., of McNeilly & Ennis, Georgetown, for petitioner.

Frederick P. Whitney, Deputy Atty. Gen., for respondent.

CAREY, Judge.

The facts are not in dispute. The petitioner was charged before Theodore R. Dick, a Justice of the Peace in Sussex County, with driving a motor vehicle while under the influence of alcoholic liquor. The day following the alleged offense, he appeared before the Justice, who informed him of his right to elect to have the case tried by the Court of Common Pleas for Sussex County under Title 11 Del.C. § 5602. He elected to be tried by the Justice. He...

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