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POYNTER v. WALLING

177 A.2d 641 (1962)

James R. POYNTER, Petitioner, v. Joseph R. WALLING, Mayor of the Town of Elsmere, Respondent. Earl E. DAVIS, Petitioner, v. Joseph R. WALLING, Mayor of the Town of Elsmere, Respondent.

Superior Court of Delaware, New Castle.

February 1, 1962.

Attorney(s) appearing for the Case

Henry A. Wise, Jr., Wilmington, for petitioner, James R. Poynter.

David B. Coxe, Jr., and Emmett J. Conte, Jr., Wilmington, for petitioner, Earl E. Davis.

Aubrey B. Lank, and Victor F. Battaglia, of Theisen & Lank, Wilmington, for respondent.

STOREY, Judge.

Petitioner, James R. Poynter, was charged with driving a motor vehicle in excess of the speed limit in violation of Ordinance No. 74(17) (a) (1) (a), and with operating a motor vehicle while under the influence of intoxicating liquor in violation of Ordinance No. 74(1) (a), both of the Town of Elsmere. Petitioner, Earl E. Davis, was charged with violation of the latter Ordinance — No. 74(1) (a). Both Petitioners filed petitions for a Writ of...

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