State v. Towner
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. T. O. TowNer was convicted of gambling, and appeals. Tbe title of tbe act of 1897 declares its enactment to be for tbe purpose of repealing “all laws in conflict witb tbis act.” Section 2224 being a law, and in conflict witb tbe act, is by tbe title and Section 11 of tbe act repealed; and thereupon ceased to exist so' far as tbe law of gambling is concerned.
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Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. T. O. TowNer was convicted of gambling, and appeals. Tbe title of tbe act of 1897 declares its enactment to be for tbe purpose of repealing “all laws in conflict witb tbis act.” Section 2224 being a law, and in conflict witb tbe act, is by tbe title and Section 11 of tbe act repealed; and thereupon ceased to exist so' far as tbe law of gambling is concerned. Section 2224 was also repealed, regardless of tbe question of whether there was a conflict or not, by tbe fact that- tbe act of 1897 was a general revisory act, which…
1Opinion of the CourtJustice Milburn
Defendant'was convicted of a violation of Section 2 of the Act of the legislature approved March 15, 1901, respecting gambling (Laws of 1901, page 1G6). lie was sentenced-to pay a fine of $100, and to be imprisoned in the county jail until the fine was paid, the imprisonment not to exceed one day for every $2 of said fine. lie appeals from the judgment.
He assigns as error that the court erred in entering judgment. He inquires: “Did the trial court err in sentencing the defendant to imprisonment at the rate of two dollars per day V’ Having argued ihat this question, which is quoted, must be…
2Cases cited2 opinions
- Goodno v. City of OshkoshWisconsin Supreme Court · 1872
- Smith v. HoytWisconsin Supreme Court · 1861
3Cited by1 opinion
- In re KreinerMichigan Supreme Court · 1909