Bradfield v. State — 28 Del. 212

Majority

p. 212

William M. Bradfield, d. b., vs. State of Delaware, p. b.

Headnote

Criminal Law—Appeal—Certiorari—Election of Remedies.

Where a defendant, after conviction in the municipal court, sued out a certiorari, and at the same time took an appeal to the Court of General Sessions, and thereafter elected to stand on his appeal, the certiorari proceedings will be discontinued.

(October 6, 1914.)

Pennewill, C. J., and Rice, J., sitting.

Howell S. England for defendant below.

Josiah O. Wolcott, Attorney General, for plaintiff below.

Superior Court, New Castle County,

September Term, 1914.

p. 213

William M. Bradfield was convicted in the Municipal Court of the City of Wilmington of a crime, and he took certiorari (No. 31, September Term, 1914), and also an appeal to the Court of General Sessions (No. 120, September Term, 1914). Certiorari discontinued with costs.

See post.

The plaintiff having elected to proceed on his remedy by appeal, his other remedy by certiorari, pending at the same time, is discontinued at his own cost.