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NELTE v. STATE

198 A.2d 921 (1964)

Frank M. NELTE, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

March 4, 1964.

Attorney(s) appearing for the Case

George A. Bramhall and Paul R. Reed, Georgetown, for appellant.

Sidney Schwach, Asst. Deputy Atty. Gen., Georgetown, for the State.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

WOLCOTT, Justice.

This is an appeal from an order of the Superior Court on certiorari to a Justice of the Peace affirming a judgment of guilty.

The facts are that Nelte was arrested upon view by a Delaware State Trooper and taken before a Justice of the Peace whose office was located at a farther distance from the point of arrest than the office of another Justice of the Peace.

Nelte plead not guilty and a hearing was had after which the Justice of...

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