City of Sioux Falls v. Smith

Defendant was charged with the violation of section 12 of Ordinance 722 of the City of Sioux Falls, in that he “on said date did' become drunk and intoxicated and was upon the public streets of the city of Sioux Falls in a drunken and disorderly condition, contrary to the provision of said ordinance.” He appealed to the circuit court from the judgment of conviction in the municipal court of Sioux Falls. He was likewise convicted in the circuit court. He now appeals from the judgment only.

Section 12 of said ordinance provides:

“No person shall become drunk or intoxicated in any private house or…