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Daniel A. Ryan et al : Original Appellant's Petition Relating to a Court Case Involving Defendant Edward G. Ekstromer, Convicted of Driving Under the Influence, 1925, San Francisco, California

Beige paper wrappers with brown cloth tape along spine. An original document, Appellant's Petition, relating to an appellate court case involving defendant Edward G. Ekstromer ("Criminal No. 1177"), convicted of driving "under the influence of intoxicating liquor." 7" x 10." Forty-four pages and thirteen-page Appendix in back, complete. Pages are very clean and intact except for light age toning and a small ink stain in lower corner of fore-edge (not affecting text). Covers are clean and intact overall but have slight darkening or browning, minuscule bumping to corners, a crease on front cover near spine, and a small bit of chipping at tail of spine. Binding is tight. A Very Good, almost Near Fine copy. An original document, an Appellant's Petition, relating to the appellate case, "The People of the State of California vs. Edward G. Ekstromer," in which Ekstromer appealed his conviction and ninety-day sentence in county jail for driving under the influence. The full title on front cover reads, "In the Supreme Court of the State of California; People of the State of California, Plaintiff and Respondent, vs. Edward G. Ekstromer, Defendant and Appellant. Appellant's Petition for a Hearing by the Supreme Court, After Decision by the District Court of Appeal, State of California, First Appellate District, Division One, and Number Therein Criminal No. 1177." The attorney for Ekstromer is named as Daniel A. Ryan. This printed document contains Ekstromer's petition for a hearing by the California Supreme Court. The transcript includes arguments and interpretations of laws and past cases in support of Ekstromer's defense and witness testimonies. The central argument behind Ekstromer's defense is a law that prohibits drinking and driving to a degree in which the consumed alcohol "disturbed the actions of [the driver's] physical or mental faculties ...." The interpretation by Ekstromer's attorney, Daniel A. Ryan, argues that while Ekstromer had one drink the night he was pulled over, he was not incapacitated to the point where he could not safely operate his vehicle. Witness testimonies shed further light on the case. There are testimonies by F. W. Holmes, a bystander; Michael J. Mantell, the arresting police officer; Frank Bates, the man whose vehicle Ekstromer collided with; Ekstromer; H. G. Paterson (or Peterson?), Ekstromer's friend; and George A. Koch, a local business owner. On October 13, 1923, Ekstromer had one "ginger ale highball" on the occasion of his birthday. Later that night in San Francisco, Ekstromer's vehicle crossed from Leavenworth Street into opposing traffic on Bush Street and struck Bates's car. Much of the witness testimony is about that vehicle accident and Ekstromer's appearance and behavior. Testimonies appear to conflict as to whether or not Ekstromer was sober. Holmes believed Ekstromer was drunk and pointed out that Ekstromer drove away from the accident scene before pulling over to the curb. He testified that he smelled alcohol on Ekstromer's breath but that Ekstromer appeared to be talking coherently to the officer. Mantell was convinced Ekstromer was driving while intoxicated but noted that while Ekstromer's gait was slow, it did not appear irregular. Bates also noted the slow but normal gait of Ekstromer and that Ekstromer seemed sober and had no smell of alcohol on his breath. Paterson testifies that no one was drunk at the gathering he and Ekstromer had been at. The last witness, Koch, testified that Ekstromer appeared to be sober at the time of the accident. The Appendix includes the dissenting Opinion in which Ekstromer's conviction is reaffirmed.. Ephemera. Book Condition: Very Good. Binding: No Binding

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