CITY OF WEBSTER GROVES V. QUICK
323 S.W.2d 386 (1959)
NATURE OF THE CASE: This was a prosecution for speeding. Quick (D) challenged his
conviction and fine for violation of a city speeding ordinance and the case was transferred
because the alleged constitutional issues were without substance and colorable only.
FACTS: Quick (D) was cited for speeding after the speed at which he was traveling was
recorded by an electric timer. When the tires of the approaching car pass over a tube it
activates the mercury switch, which starts a stop watch located in the police car. The
switch is then closed to the neutral position, and any automobiles following the car which
crossed the first tube have no effect on the unit. Then, as the clocked automobile
approaches the second tube, the switch is thrown to the right, which is the control on the
second tube, and when the tires of the automobile being clocked run over the second tube it
stops the clock. D denied he was going over 28 to 30 miles per hour, stating that his
recently tested speedometer showed a reading between those figures. He appealed his
conviction, P contends that the court erred in permitting the Police Officer to testify as
to the readings of the electric timer showing D's speed at 40 miles per hour, for the reason
that it constituted hearsay evidence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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