In re Bossner
Idaho Supreme Court
Original action in this court for a writ, of habeas corpus. The petitioner was convicted of the crime of keeping open a place of public amusement on Sunday, such amusement consisting in opening and conducting what is alleged to be a theater known as “The Boz” in Boise, and therein producing a moving picture exhibition to which He admitted the pubiic on payment of an admission fee. The prosecution was had under sec. 6825 of the Rev. Codes.
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Original action in this court for a writ, of habeas corpus. The petitioner was convicted of the crime of keeping open a place of public amusement on Sunday, such amusement consisting in opening and conducting what is alleged to be a theater known as “The Boz” in Boise, and therein producing a moving picture exhibition to which He admitted the pubiic on payment of an admission fee. The prosecution was had under sec. 6825 of the Rev. Codes. If the language of the statute enumerating the prohibited amusements does not include a moving picture show, or. any other kind of a public show or theater,…
1Opinion of the Court
The opinion of the court was delivered orally from the bench by
AILSHIE, J.
It is contended by tbe state that a moving picture show or exhibition is popularly designated and called a theater, and that it comes within the prohibition of the statute which forbids the opening or conducting of any theater, playhouse, or show, etc., on Sunday.
As was said by this court in Re Hull, ante, p. 475, 110 Pac. 256: “It is difficult to tell the exact theory on which the lawmakers drafted this section of our statute. The amusements enumerated and prohibited are not similar or kindred amusements. There is…
2Cases cited1 opinion
- In re HullIdaho Supreme Court · 1910
3Cited by11 opinions
- Cook v. MasseyIdaho Supreme Court · 1923
- Protest of St. Louis-S. F. Ry. Co.Supreme Court of Oklahoma · 1932
- State v. MorrisIdaho Supreme Court · 1916
- Meader v. Unemployment Compensation Division of the Industrial Accident BoardIdaho Supreme Court · 1943
- State Ex Rel. Parsons v. Bunting Tractor Co.Idaho Supreme Court · 1938
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