City of Kinsley v. Sire

The opinion of the court was delivered by

Johnston, J.:

August Sire was prosecuted by the city of Kinsley for talking loudly on the public streets, and for publicly using profane and obscene language, in violation of a city ordinance. In the district court the sufficiency of the charge was questioned, and a motion to quash the complaint was sustained. Although leave was given to amend the complaint, no amendment was made, but the state has attempted to appeal from the ruling of the court quashing the complaint. The defendant calls our attention to a defect in the record and insists upon a…