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CITY OF CASPER v. BENARIS

No. 2668

74 Wyo. 58 (1955)

283 P.2d 1026

THE CITY OF CASPER, Plaintiff and Respondent, v. NICK C. BENARIS, Defendant and Appellant.

Supreme Court of Wyoming

May 24, 1955

Attorney(s) appearing for the Case

For the defendant and appellant, the cause was submitted upon the brief of Clarence G. Cypreansen and R.N. Ogden, both of Casper, Wyoming.

For the plaintiff and respondent, the cause was submitted upon the brief of Clarence G. Cypreansen and Wyoming.

OPINION

RINER, Chief Justice.

Nick C. Benaris was convicted on October 30, 1953, in the municipal court of the city of Casper of a violation of Section 9-365 of Ordinance 1042-A of the city of Casper, Wyoming, which, according to the affidavit of counsel for defendant, Benaris, reads as follows:

"9-365. PERSONS UNDER THE INFLUENCE OF LIQUOR OR NARCOTIC DRUGS. — It shall be unlawful for any person who is under the influence of intoxicating...

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