Helmer v. Superior Court
California Court of Appeal
PROCEEDING in Prohibition to prevent the Superior Court of Sacramento County, and Malcolm C. Glenn, Judge thereof, from trying the petitioner for a violation of section 17 of the Motor Vehicle Act. Petition dismissed. The facts are stated in the opinion of the court.
1Opinion of the Court
PREWETT, P. J., pro tem.
The petitioner is charged in said superior court with the crime of driving a motor vehicle upon a public highway within the city of Sacramento while under the influence of intoxicating liquors. Said of fense is made a felony or, in the discretion of the court, a high-grade misdemeanor, by section 17 of the Motor Vehicle Act. Section 20 of Ordinance No. 282 of said city prohibits the same act but makes of it only a misdemeanor. Said city is governed by a charter adopted'in the year 1911. Petitioner insists that the provisions of said ordinance prevail over the Motor…
2Cases cited6 opinions
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- Mann v. ScottCalifornia Supreme Court · 1919
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- Ex Parte SnowdenCalifornia Court of Appeal · 1910
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3Cited by33 opinions
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- Omaha Parking Authority v. City of OmahaNebraska Supreme Court · 1956
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