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CITY OF CARLSBAD v. RYAN

No. 9550.

506 P.2d 334 (1973)

84 N.M. 590

CITY OF CARLSBAD, New Mexico, Plaintiff-Appellant, v. Darrell Desmond RYAN, Defendant-Appellee.

Supreme Court of New Mexico.

February 16, 1973.

Attorney(s) appearing for the Case

Blenden, McCormick & Norrid, Carlsbad, for appellant.

Leonard T. May, Carlsbad, for appellee.

OPINION

STEPHENSON, Justice.

Mr. Ryan was charged with a violation of § 12-6-12.1 of the Carlsbad City Ordinances which provides:

"No person, who is under the influence of intoxicating liquor, shall drive or be in actual physical control of any vehicle within this municipality."

He was found guilty in municipal court and appealed to the district court. A trial de novo to the court was had and the defendant was found not guilty. The...

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