ABEYTA v. CITY AND COUNTY OF DENVER

No. 17596.

289 P.2d 918 (1955)

Andy ABEYTA, Plaintiff in Error, v. CITY AND COUNTY OF DENVER, a municipal corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 5, 1955.


Attorney(s) appearing for the Case

Kripke & McLean, Denver, for plaintiff in error.

John C. Banks, Joseph E. Newman, Hans W. Johnson, Denver, Colo., for defendant in error.

Before ALTER, C. J., and MOORE, HOLLAND, CLARK, BRADFIELD and KNAUSS, JJ.


CLARK, Justice.

Writ of error herein was issued to review a judgment of the superior court of the City and County of Denver wherein defendant was adjudged to have violated a city ordinance and sentenced to serve a short term in jail. Trial was de novo upon appeal from the municipal court where similar determination was had.

Involved is Ordinance No. 250, Series of 1950, section 841.2-1, as amended, which reads as follows:

"It shall be unlawful to...

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