KERNS, J.
The defendant, James Thompson, appellant herein, was tried without a jury and convicted in the Sidney Municipal Court for a violation of Section 731.01 of the ordinances of that city (driving while intoxicated).
Upon appeal to this court, six errors have been assigned, which, epitomized, raise but three questions for determination:
1. Is the ordinance under which the defendant was tried and convicted invalid and unconstitutional?
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