
    State of Maine vs. Wilfred Mathon, Appellant.
    Androscoggin County.
    Decided March 20, 1924.
    This prosecution for the alleged operation of an automobile by the respondent while under the influence of intoxicating liquor, under Public Laws, 1921, Chap. 211, Sec. 74, was begun by complaint in a Municipal Court and thence by appeal to the Superior Court of Androscoggin County, where a verdict of guilty was rendered. The respondent filed exceptions to certain instructions of the presiding Justice as to what constitutes the operation of a car, and the case is before the Law Court on the exceptions.
    This court, however, has held in the very recent case of State v. Vashon, decided January 17, 1924, that cases under this statute must be brought by indictment and that the Municipal Court, and therefore the Superior Court on appeal had no jurisdiction thereof. It follows that the only disposition that can be made of the case at bar is,
    Exceptions dismissed. Complaint to be dismissed in the Superior Court.
    James A. Pulsifer, County Attorney, for the State: Louis J. Brann, for respondent.
     