Smith v. Young

PORTER, Justice.

On December 26, 1949, a complaint was filed in the Police Court of Boise City, charging appellant herein with driving a motor vehicle upon the streets of Boise City while under the influence of intoxicating liquor, in violation of a described ordinance of such city. To this complaint appellant demurred both generally and specially on the ground that said ordinance and the ordinance providing the punishment for violation thereof are void and unconstitutional. The police magistrate overruled the demurrers, entered a plea of not guilty on his own motion and set the case for trial…