Gazotti v. City and County of Denver

An ordinance of the City and County of Denver provides that:

“It shall be unlawful for any person to take and carry away or to attempt to take and carry away, with intent to steal or purloin or convert to his own use or possession, anything of value to the owner.”

Gazotti, plaintiff in error, was found guilty of a violation of this ordinance, in the municipal court of the City and County of Denver. On appeal to the Superior Court the same result obtained and he was sentenced to a term in the county jail. He filed a motion to dismiss the action in the lower court, and among the grounds upon…