Goldstein v. City of Atlanta

McMurray, Judge.

Defendant was charged and convicted of violating a city ordinance of the City of Atlanta (§ 20-52) as being in an intoxicated condition in a street of the city and sentenced to pay a fine of $25. Defendant demurred to the charge as one pre-empted by state law and in violation of the Georgia Constitution, Art. I, Sec. IV, Par. I (Code Ann. § 2-401) which was overruled.

The writ of certiorari issued, and after a hearing as to the constitutionality of the ordinance, the same was denied. Defendant appeals. Held:

It is true that Code § 26-2607 as to public drunkenness contains…