
    GEORGE BOWLEY, POLICE OFFICER, PROSECUTOR, v. JAMES McFADDEN, DEFENDANT.
    Decided July 5, 1929.
    Eor the prosecutor, Robert Peacock.
    
    Contra, Ernest Watts.
    
   The opinion of the court was delivered by

Bodine, J.

The petitioner was arrested on November 10th, 1928, for a violation of the Motor Yehicle act. He appeared in court before J. Leedom Smith, a justice of the peace, on November 12th, 19.28, but no action whatever was taken. On November 16th, 1928, in the absence of petitioner, a plea of guilty was entered by the justice of the peace and a fine of $200 and costs was imposed. The conviction must be set aside for the reason that a plea of guilty must be interposed by the defendant charged with crime. It cannot be entered in a defendant’s absence.  