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CITY OF GARDEN CITY v. MILLER

No. 40,524

181 Kan. 360 (1957)

311 P.2d 306

THE CITY OF GARDEN CITY, KANSAS, Appellant, v. FREDERICK WILLIS MILLER, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Lloyd H. Haag, City Attorney, of Garden City, argued the cause and was on the briefs for appellant.

Logan N. Green, of Garden City, argued the cause, and Ralph C. Fleagle, of Lakin, and Ray H. Calihan, Daniel R. Hopkins and Ray H. Calihan, Jr., of Garden City, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The plaintiff, the City of Garden City, appeals from a ruling of the trial court sustaining a motion to discharge the defendant and dismiss a complaint drawn under a city ordinance. The ordinance reads as follows:

"SECTION 17-515 REVISED ORDINANCES OF THE CITY OF GARDEN CITY, KANSAS 1951. "Persons Under the Influence of Intoxicating Liquors or Narcotic Drugs. Section 15. "(...

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