State v. Rose
Montana Supreme Court
Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Harry Rose was convicted of aiding and abetting in reporting, recording, and registering a bet on a horserace, in violation of Laws of 1909, Chapter 92, and appeals from the judgment and an order denying his motion for a new trial. The Act (Chap. 92, Laws 1909) is unconstitutional, in that it creates a monopoly, and does so by special legislation. (ConstArt.
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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Harry Rose was convicted of aiding and abetting in reporting, recording, and registering a bet on a horserace, in violation of Laws of 1909, Chapter 92, and appeals from the judgment and an order denying his motion for a new trial. The Act (Chap. 92, Laws 1909) is unconstitutional, in that it creates a monopoly, and does so by special legislation. (ConstArt. Ill, sec. 11; Art. Y, sec. 26. See State v. Walsh, 136 Mo. 400, 37 S. W. 1112, 35 L. R. A. 231.) It may be contended that the Walsh case has been reversed by the case…
1Opinion of the CourtJustice Smith
The state of Montana, in the district court of Silver Bow county, accused the above-named defendant, together with *70Harry Swéet and Ed. Sylvester, with having committed a misdemeanor, in that he “did aid and abet in reporting, recording, and registering a bet or wager upon the result of a contest of speed and endurance of animals, to wit, horses, held without the state of Montana, by transmitting, communicating, and transferring money and information for the purpose of having a bet or wager upon the result of said contest of speed * * * reported, recorded, and registered.” Defendants Rose and…
2Cases cited2 opinions
- State v. WalshSupreme Court of Missouri · 1896
- Uihlein v. Caplice Commercial Co.Montana Supreme Court · 1909
3Cited by9 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Tweel v. West Virginia Racing CommissionWest Virginia Supreme Court · 1953
- State v. LoomisMontana Supreme Court · 1925
- State ex rel. Lockwood v. TylerMontana Supreme Court · 1922
- State v. MottMontana Supreme Court · 1925
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