Legal Opinion

State v. Neitzel

Washington Supreme Court

Decided August 21, 1912No. 10300PublishedCited by 12 opinions

Appeal from a judgment of the superior court for Spokane county. Sullivan, J., entered September 12, 1911, upon a trial and conviction of vagrancy.

1Opinion of the CourtMount, J.

The defendant was convicted of vagrancy, under a statute which provides: “Every person who asks or receives any compensation, gratuity or reward for practicing fortune telling, palmistry or clairvoyance ... is a vagrant.” Rem. & Bal. Code, § 2688. He has appealed from a judgment based upon the verdict of a jury.

The evidence shows that the prosecuting witness was a police officer in the city of Spokane. He went to the defendant’s office and requested the defendant to tell his fortune. The defendant replied that he could not tell his fortune, but that he could “figure it out,” and that his…

2Cases cited3 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. People v. ElmerMichigan Supreme Court · 1896
  3. State v. KenilworthSupreme Court of New Jersey · 1903

3Cited by12 opinions

  1. State v. Big SheepMontana Supreme Court · 1926
  2. Mitchell v. City of BirminghamSupreme Court of Alabama · 1931
  3. Davis v. StateOhio Supreme Court · 1928
  4. Minersville School Dist. v. GobitisCourt of Appeals for the Third Circuit · 1940
  5. McMasters v. StateCourt of Criminal Appeals of Oklahoma · 1922

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