Garcia v. City of Pueblo

This matter is here on writ of certiorari to the District Court of Pueblo County. Morris Garcia, petitioner, was charged and convicted in the Municipal Court of Pueblo with three city ordinance violations: (1) a traffic violation, (2) resisting arrest, and (3) the use of profane language. On appeal the county court, petitioner was found not guilty as to the first two charges because of the failure of the city to sustain its burden of proof. The court sustained Garcia’s motion to dismiss the third count, stating:

“. . . This Court finds in the present case that the failure of the plaintiff to…