State Ex Rel. Keefe v. Schmiege

When the matter was first presented here, the point raised by the county was that because this is a prosecution for the violation of an ordinance and because there was no provision or requirement in the ordinance itself for a jury trial, the proceedings must be summary and therefore the circuit court was in error in denying the petition of the district attorney.

The ordinance in question provided as follows:

“Section two — Operation by intoxicated persons or users of narcotic drugs prohibited. It shall be unlawful for any person . . . who is under the influence of intoxicating liquor or…