LOGAN CITY v. HUBER

No. 890093-CA.

786 P.2d 1372 (1990)

LOGAN CITY, Plaintiff and Respondent, v. Ralph Lowell HUBER, Defendant and Appellant.

Court of Appeals of Utah.

January 17, 1990.


Attorney(s) appearing for the Case

A.W. Lauritzen, Logan City, for defendant and appellant.

Cheryl A. Russell, Logan City, for plaintiff-respondent.

Before DAVIDSON, GARFF and JACKSON, JJ.


OPINION

JACKSON, Judge:

Ralph Lowell Huber was convicted by a jury of disorderly conduct, a misdemeanor, in violation of a Logan City ordinance. On appeal, he challenges the constitutionality of the ordinance on its face and as applied. We reverse.

In the early morning hours of December 11, 1988, Officers Russell Roper and Greg Monroe were on alcohol enforcement detail. They were parked off the road in...

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