MATTER OF APPLICATION OF WORTHINGTON

THE COURT. —

It appearing to the court that the act which petitioner is charged with having violated is one entitled, an act governing the use of automobiles upon public highways, and it not being averred in the complaint that the defendant used or operated his automobile upon a public highway, the complaint failed to state any public offense, and for that reason it is ordered that petitioner be discharged, and that the money deposited in lieu of bail be returned.