Utah Supreme Court September 1, 1981, 17312 (State v. Pilcher)

STEWART, Justice:

The Fourth District Court, sitting without a jury, convicted the defendant of speeding in violation of § 41-6-46, Utah Code Ann. (1953), as amended. His trial in the district court was a

de novo

review, pursuant to § 78-3-5,

1

of his justice of the peace court conviction. He attacks the constitutionality of § 41-6-46. This Court has jurisdiction of the appeal pursuant to Art.