State v. Bilboa
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Defendant was convicted of transporting intoxicating liquor. An act, though it violate two or more statutes, can only be punished under one. (State v. Gutke, 25 Ida. 737, 139 Pac. 346.) Nor should the state be permitted to divide' this one act into three parts and prosecute for each of them.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Defendant was convicted of transporting intoxicating liquor. An act, though it violate two or more statutes, can only be punished under one. (State v. Gutke, 25 Ida. 737, 139 Pac. 346.) Nor should the state be permitted to divide' this one act into three parts and prosecute for each of them. (Hughes v. Commonwealth, 131 Ky. 502, 115 S. W. 744, 31 L. R. A., N. S., 693.) When a demurrer to an information is allowed, the judgment is a bar to another prosecution for the same offense,…
1Opinion of the CourtRice, J.
Appellant was convicted of the crime of transporting intoxicating liquor. On Oct. 2, 1916, an information was filed against him, charging possession and transportation of intoxicating liquor. A demurrer to the information was sustained, and the prosecuting attorney granted ten days in which to file an amended information. After the expiration of the ten-day ‘period, upon application of the prosecuting attorney, the court entered an order directing *131that the cause be resubmitted to a justice of the peace for the purpose of allowing a new preliminary examination upon matters Connected with the…
Also in this document: Concurrence.
2Cases cited14 opinions
- Connors v. United StatesSupreme Court of the United States · 1895
- People v. ShotwellCalifornia Supreme Court · 1865
- Sothman v. StateNebraska Supreme Court · 1902
- State v. MahoneyMontana Supreme Court · 1900
- State v. GutkeIdaho Supreme Court · 1914
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3Cited by25 opinions
- State v. LinnIdaho Supreme Court · 1969
- State v. PattersonIdaho Supreme Court · 1939
- Williams v. BaldridgeIdaho Supreme Court · 1930
- Freeman v. StateIdaho Supreme Court · 1964
- State v. NeilIdaho Supreme Court · 1937
20 more not listed; retrieve them via the Exa API.