City of Roswell v. Leonard

ZINN, District Judge.

The defendant-appellant seeks to overturn his conviction in the district court of Chaves County of the misdemeanor of operating a motor vehicle while under the influence of intoxicants, contrary to ordinances of the city of Roswell. The trial was one de novo after an appeal from a similar result in the police magistrate’s court of that city. The appellant, with the aid of counsel, had entered a plea of not guilty and proceeded to trial in the city court.

The appeal challenges the jurisdiction of the trial court on the grounds of the arrest being illegal and of the…