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Show I T ANGLE IN -A I CASE IN I COURT H j I In Judge Howell's division of the H ' iistrlct court tills morning, the ap- H j peal case of the city against Pete H Panopulas was called for trial, but H aefore tlie empaneling of a Jury was H oegun, the assistant city attorney H noved that the appeal be dismissed Hi n the grounds that the record of the Hi nunlcipal court showed that the de- B ,'endant had been sentenced to a fine H , yt $25 and hat the fine had been i H snirl. " H In explanation of the situation, the H ittornoy Xor the .defendant and ap- H pcllant stated that while the fine had H seen paid to the clerk of the lower H :ourt, it had been refunded, pending" J .ho appeal and In accordance with I ho practice In the municipal court. I Should the motion for dismissal of .he appeal be granted, It would re- ease the defendant from the Juris-H Juris-H I iiction of the courts and the clerk j i it the city court would be held for II :he amount of the fine. II To settle the matter equitably, I fudge Howell stated lie would con-.inue con-.inue the hearing of the case Indefinitely Indef-initely so that the clerk of the munl-:Ipal munl-:Ipal court might have the oppor-.unity oppor-.unity of making his record conform : o facts as to the payment and re- 'unding or the fine. j After this' action had been taken, a vritton statement from the lower ourt was presented to the effect that J 'ines paid to the clerk were covered 1 nto the city treasury at the end of ... 'I 'ach month and that In cases where ftf jl ippeals were taken and the prop- Si' I r appeal bond filed, the fine was re- H unded. H Judge Howell Is of the opinion that H he rule is not proper and that it will W eventually bring about legal cn- II -anglemonts in appeal cases from the I IIUIL.li gagBBH6BtggagSBS I I' WW HI J g municipal court. Judge Harris, however, how-ever, is inclined to the view that parties par-ties desiring an appeal, oven after they have paid fines, should have a hearing In the higher courL Panopulas was found guilty of at- j tempted assault on a fellow Greek by striking at him with an Iron bar and he was fined $25, which he paid. |