State v. Omaechevviaria
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Owyhee County. Hon. Carl A. Davis, Judge. Criminal prosecution for herding, grazing and pasturing sheep upon a cattle range, in violation of sec. 6872, Rev. Codes. Judgment for plaintiff. The statute is arbitrary in that it leaves the determination of the facts to the arbitrary action of the person claiming adversely to the defendant.
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APPEAL from the District Court of the Third Judicial District for Owyhee County. Hon. Carl A. Davis, Judge. Criminal prosecution for herding, grazing and pasturing sheep upon a cattle range, in violation of sec. 6872, Rev. Codes. Judgment for plaintiff. The statute is arbitrary in that it leaves the determination of the facts to the arbitrary action of the person claiming adversely to the defendant. (Black’s Constitutional Law, 2d ed., p. 377 (citing Yick Wo v. Hopkins, 118 U. S. 356, 6 Sup. Ct. 1064, 30 L. ed. 220); 6 Ruling Case Law, 194; Miller v. Horton, 152 Mass. 540, 23 Am. St. 850, 26…
1Opinion of the CourtBudge, J.
— This prosecution was brought in the probate court of Owyhee county, against the defendant, charging him with the commission of a misdemeanor, to wit, herding, grazing and pasturing sheep upon a cattle range in violation of sec. 6872, Rev. Codes.
The ease was tried before the court without a jury, a jury trial having been waived, and- judgment was pronounced against the defendant finding him guilty as charged.
An appeal was taken to the district court of the third judicial district in. and for Owyhee county from said judgment.
After a demurrer to the complaint had been overruled the cause was…
2Cases cited12 opinions
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- Willis v. MabonSupreme Court of Minnesota · 1892
- Imperial Irrigation Co. v. JayneTexas Supreme Court · 1911
- Butte City Water Co. v. BakerSupreme Court of the United States · 1905
- McPherson v. BlackerMichigan Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Omaechevarria v. IdahoSupreme Court of the United States · 1918
- State v. EvansIdaho Supreme Court · 1952
- J.R. Simplot Company, Inc. v. Idaho State Tax CommissionIdaho Supreme Court · 1991
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- City of Lewiston v. MathewsonIdaho Supreme Court · 1956
34 more not listed; retrieve them via the Exa API.