Opinion
No. 34447
Decided November 16, 1955.
Criminal law — Motor vehicles — Violation of speed regulations — Evidence sufficient to warrant conviction — Affirmance on appeal.
APPEAL from the Court of Appeals for Stark County.
Defendant was charged, in the Massillon Municipal Court, with having unlawfully operated a motor vehicle upon a public thoroughfare at a rate of 52 miles per hour in a 35-mile per hour zone, such speed being greater than was reasonable or proper with due regard for traffic, surface, width, or other conditions then existing, contrary to and in violation of Section 4511.21, Revised Code.
Upon trial defendant pleaded not guilty, but admitted that at the time of his arrest he was driving at a rate of 52 miles per hour in a 35-mile per hour zone, and claims that such speed was reasonable and proper under the circumstances then existing. Both the state and defendant presented evidence in support of their contentions. Defendant was tried by the court without the intervention of a jury and found guilty.
The Court of Appeals, on appeal, affirmed the judgment.
The allowance of a motion to certify the record brings the cause to this court for review.
Mr. Richard P. Maier, for appellee.
Mr. O.H. Corvington, Mr. Stanley Schneiderman and Mr. Irving Portman, for appellant.
The sole issue here presented by the record is whether the evidence is sufficient to warrant the trial court's finding of guilty.
If the evidence in a case of this kind is such that no reasonable trier of the facts could fail to have a reasonable doubt as to whether the defendant was guilty, his conviction should be set aside. An examination of the bill of exceptions discloses that this is not such a case. The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.