CITY OF GLADSTONE v. LEONARD


575 P.2d 1012 (1978)

33 Or.App. 169

CITY OF GLADSTONE, Appellant, v. Howard William LEONARD, Respondent.

Court of Appeals of Oregon.

Decided March 13, 1978.


Attorney(s) appearing for the Case

John H. Hammond, Jr., and Biggs, Hutchison & Hammond, Oregon City, filed the brief for appellant.

No appearance for respondent.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


Submitted on Record and Appellant's Brief January 31, 1978.

TANZER, Judge.

Defendant was charged with operating a motor vehicle with an open container of alcoholic liquor, a traffic infraction. Upon conviction in municipal court, he appealed. A trial de novo to the court was had. The circuit court granted his motion for judgment of acquittal on the ground that there was no proof that the content of the open bottle in defendant's car was beer. The City appeals...

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