Eiler Freece ivas convicted before the justice of the peace for the city of Salina on a charge of having violated the merchants’ license ordinance of that city. From the judgment of conviction he appealed to the district court of Sevier county, which court sustained a demurrer to the complaint and
The respondent moves to dismiss the appeal on the ground that a city cannot appeal from an order of the district court dismissing a criminal action arising in a justice of the peace court.
In Castle Dale v. Woolley,
“Neither the Constitution nor statutes of this state authorize a city to appeal from a judgment of the city justice’s court in favor of the defendant, * * * in a criminal case for the violation of a city ordinance.”
It follows that a city cannot appeal from the judgment of the district' court in a criminal action for the violation of a city ordinance, where the action originates in the court of a city justice.
The motion to dismiss the appeal is granted, with costs to respondent.