State Ex Rel. McElliott v. Fousek

The facts of this case are identical with those in case No. 6929, State ex rel. Anderson v. Fousek, ante, p. 448, 8 Pac. (2d) 791, this day decided, except that relator here was not sentenced upon a verdict of the jury but upon a plea of nolo contendere. On the authority of that case, the judgment here must be affirmed unless a different result must follow because of the plea of nolo contendere interposed by relator to the indictment in the United States district court.

Relator contends that, since the only evidence offered before the police commission to prove that he “has been found guilty…