This section contains the nature of the case and procedural background.

Quick (D) was cited for speeding after the speed at which he was traveling was recorded by an electric timer. When the tires of the approaching car pass over a tube, it activates the mercury switch, which starts a stopwatch located in the police car. The switch is then closed to the neutral position, and any automobiles following the car which crossed the first tube have no effect on the unit. Then, as the clocked automobile approaches the second tube, the switch is thrown to the right, which is the control on the second tube, and when the tires of the automobile being clocked run over the second tube, it stops the clock. D denied he was going over 28 to 30 miles per hour, stating that his recently tested speedometer showed a reading between those figures. He appealed his conviction, P contends that the court erred in permitting the Police Officer to testify as to the readings of the electric timer showing D's speed at 40 miles per hour, for the reason that it constituted hearsay evidence.

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