#### The People of the State of Illinois, Appellee, v. Louis Thexton, Appellant.

den. No. 5,963.

(Not to be reported in full.)

Appeal from the Circuit Court of Du Page county; the Hon. Mazzini Slussee, Judge, presiding. Heard in this court at the April term, 1914.

Affirmed.

Opinion filed July 31, 1914.

Statement of the Case.

Action by the People of the State of Illinois against Louis Thexton to recover, a- penalty for the violation. of tiie automobile law, the offense charged being the running of an automobile at a rate of speed prohibited by statute. Judgment was entered against defendant for five dollars penalty. To reverse the judgment, defendant appeals.

*3Abstract of the Decision.

1. Automobiles and garaqes, § 1 * —when finding of guilty of unlawful speed sustained by evidence. In an action to recover a penalty for running an automobile at a rate of speed prohibited by statute, a finding of guilty held sustained by sufficient evidence.

2. Automobiles and garages, § 1*—necessity of intent to constitute violation of automobile law. The only intention necessary to render a person liable to a penalty for a violation of the automobile law is the doing of the act prohibited.

3. Appeal and error, § 1715*—when objection to remedy for review waived. The right of appellee to raise the question that the case could only he presented for review by a writ of error is waived by joining in a stipulation as to the hill of exceptions and filing briefs in the Appellate Court.

J. C. Murphy and E. L. Lyon, for appellant.

Charles W. Hadley, for appellee.

*

See Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number,

Mr. Justice Whitney

delivered the opinion of the court.