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VOYLES v. CITY OF NAMPA

No. 11764.

548 P.2d 1217 (1976)

97 Idaho 597

Allen Edward VOYLES, Petitioner-Appellant, v. The CITY OF NAMPA, Idaho, a Municipal Corporation, and Buster Baker, Chief of Police, Nampa, Idaho, Defendants-Respondents.

Supreme Court of Idaho.

April 22, 1976.

Attorney(s) appearing for the Case

James E. Schiller, of Schiller, Williams & Trabert, Nampa, for petitioner-appellant.

Reese E. Verner, Carl D. Hamilton, Nampa, for defendants-respondents.

McFADDEN, Chief Justice.

Allen E. Voyles, the appellant, brought this action before the district court on a writ of habeas corpus after his arrest for an alleged violation of Nampa City Code § 6-1-27, which provides:

"Any person who shall be drunk or intoxicated in a private motor vehicle while said vehicle is located upon any public or private road or street or upon any other place to which the public has, or is permitted to have access, shall be guilty...

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