City of Garden City v. Miller

The opinion of the court was delivered by

Fatzer, J.:

The plaintiff, the City of Garden City, appeals from a ruling of the trial court sustaining a motion to discharge the defendant and dismiss a complaint drawn under a city ordinance. The ordinance reads as follows:

“Section 17-515 Revised Ordinances of the City of Garden City, Kansas 1951.

“Persons Under the Influence of Intoxicating Liquors or Narcotic Drugs. Section 15.

“(a) It shall be unlawful for any person who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs to drive…