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CITY OF AURORA v. MARTIN

No. C-224.

507 P.2d 868 (1973)

CITY OF AURORA, a municipal corporation, Petitioner, v. Marion J. MARTIN, Respondent.

Supreme Court of Colorado, En Banc.

March 5, 1973.

Attorney(s) appearing for the Case

Gary L. Calder, Aurora, for petitioner.

Charles G. Jordan, Denver, for respondent.

GROVES, Justice.

The respondent Marion Martin was convicted in the Aurora Municipal Court of violating the City of Aurora's assault and battery ordinance. On appeal to the district court the conviction was reversed on the grounds that: (1) assault and battery is a matter of state-wide concern; and (2) the municipal ordinance was pre-empted by enactment of the state assault and battery statute. We view the matter differently.

Aurora is a home rule city under...

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