(Download) "City of Garden City v. Miller" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: City of Garden City v. Miller
- Author : Supreme Court of Kansas
- Release Date : January 11, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by The plaintiff, the City of Garden City, appeals from a ruling
of the trial court sustaining a motion to discharge the defendant
and dismiss a complaint drawn under a city ordinance. The
ordinance reads as follows:
"SECTION 17-515 REVISED ORDINANCES OF THE CITY OF
GARDEN CITY, KANSAS 1951.
"Persons Under the Influence of Intoxicating
Liquors or Narcotic Drugs. Section 15.
"(a) It shall be unlawful for any person who is
an habitual user of narcotic drugs or any person who
is under the influence of intoxicating liquor or
narcotic drugs to drive any vehicle within the city.
"(b) Every person who is convicted of a violation
of this section shall be punished by imprisonment for
not more than one (1) year or by fine of not less
than One Hundred Dollars ($100.00) nor more than Five
Hundred Dollars ($500.00) or by both such fine and
imprisonment. On a second or subsequent conviction he
shall be punished by imprisonment for not less than
ninety (90) days nor more than one (1) year, and, in
the discretion of the court, a fine of not more than
Five Hundred Dollars ($500.00). PROVIDED, that the
Police Judge of the city shall report any conviction
hereunder to the vehicle department of the State
Highway Commission and shall take up and endorse the
license of the operator's or chauffeur's license of
any such person and forward the same to the said
department as provided by law." The complaint, omitting its signature, caption and
verification, reads: