City of Hays v. Schueler

The opinion of the court was delivered by

Burch, J.:

The defendant was convicted in police court of violating a city ordinance, and appealed to the district court. The district court quashed the complaint, on the ground the ordinance was void. The city appeals.

The ordinance regulated operation of motor vehicles on streets of the city, and required a rear red light to be displayed between certain hours. The motion to quash asserted the ordinance was bad because willfulness or wrongful intent was not made an element of the offense, and stated argumentatively that a light might go out without…