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CITY OF BATON ROUGE v. MAHNKEN

No. 51618.

257 So.2d 690 (1972)

260 La. 1002

CITY OF BATON ROUGE v. Richard J. MAHNKEN.

Supreme Court of Louisiana.

February 3, 1972.

Attorney(s) appearing for the Case

Litton & Abadie, James F. Abadie, Baton Rouge, for defendant-appellee.

Joseph F. Keogh, Parish Atty., Richard W. Langford, City Prosecutor, for plaintiff-appellant.

PER CURIAM.

The defendant, Richard Mahnken, was charged, by affidavit, with operating a motor vehicle while under the influence of alcoholic beverages, in violation of Section 98 of Title 14 of the Louisiana Revised Statutes. The defendant filed a Motion to Quash the affidavit alleging that pursuant to Act 233 of 1970 (La.R.S. 13:1894.1) defendant was charged under La.R.S. 14:98 rather than under the appropriate city ordinance, and that R.S. 13:1894.1 is unconstitutional...

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