Incorporated Town of Avoca v. Heller

The information charged that the defendants had committed the crime of assault and battery, in violation of section 9 of an ordinance of the town defining public offenses and fixing a penalty therefor. The mayor overruled a demurrer to the information and found the defendants guilty as charged'; whereupon an appeal was taken to the district court, where the following demurrer was interposed and sustained:

*228“ That said Town of Avoca has no power under the laws of this State to pass and enforce the ordinance upon which said information 'is founded, and no right or authority to punish the…