State v. Fountain

The opinion of the court was delivered by

Anders, J.

The defendant was arrested and tried before F. W. Allender, police justice of the town of Cosmopolis, for violating ordinance No. 20 of said town, by setting up for public use and allowing to be so used, within the corporate limits thereof, a billiard table, without first having obtained a license therefor from said town, in the manner provided in said ordinance.

At the trial before the police justice, counsel for defendant moved the court to dismiss the complaint and discharge the defendant for the reasons:

“(1) That the person who is acting…