DOMINGUEZ v. CITY AND COUNTY OF DENVER

No. 19421.

363 P.2d 661 (1961)

Benito DOMINGUEZ, Jr., Plaintiff in Error, v. CITY AND COUNTY OF DENVER, a municipal corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

July 10, 1961.


Attorney(s) appearing for the Case

Mellman, Mellman & Thorn, Denver, for plaintiff in error.

Donald E. Kelley, James P. McGruder, Denver, for defendant in error.


FRANTZ, Justice.

The conviction of Dominguez as a vagrant in violation of an ordinance of Denver is impugned by writ of error. It is contended that the ordinance (1) "is so vague, ambiguous and uncertain as to be inoperative," (2) "fails to provide any standard for the determination of who might come within its purview and fails to apprise a defendant as to what conduct is * * * unlawful," (3) improperly places the burden "upon the defendant to prove his innocence...

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