State v. Smart
Wyoming Supreme Court
Reserved questions from the .District Court, Albany ■County; Hon. Charles E. Carpenter, Judge. Heard on motion to remand. It appears from the original papers that questions involving the sufficiency of the information are yet pending and undecided in the court below, so that, as decided in State v. Kelley, 17 Wyo. 335, the constitutional questions reserved ■cannot be considered, and the case ought therefore to be remanded.
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Reserved questions from the .District Court, Albany ■County; Hon. Charles E. Carpenter, Judge. Heard on motion to remand. It appears from the original papers that questions involving the sufficiency of the information are yet pending and undecided in the court below, so that, as decided in State v. Kelley, 17 Wyo. 335, the constitutional questions reserved ■cannot be considered, and the case ought therefore to be remanded. The only ground of the motion to remand is that the ■court is without jurisdiction to decide the reserved questions. This is clearly insufficient, for a motion must state…
1Opinion of the Court
Beard, Justice.
The County and Prosecuting Attorney of Albany County filed an information in the District Court of said county, purporting to charge the defendant, Peter Smart, with a violation of Sec. 2643, S. 1899, which section provides, “Every person or persons, company or corporation, having a license to sell liquors under the laws of Wyoming, who shall keep open, or suffer his or their agent or employee to keep open, his or their place of business, or who shall sell, give away or dispose of or permit another to sell, give away or dispose of, on his or their premises, any spirituous,…
Also in this document: Concurrence.
2Cases cited1 opinion
- State v. KelleyWyoming Supreme Court · 1909
3Cited by10 opinions
- Salt Creek Transp. Co. v. Public Service CommissionWyoming Supreme Court · 1928
- Public Ser. Comm. of Wyo. v. GrimshawWyoming Supreme Court · 1935
- State Ex Rel. Fire Fighters Local 279 v. KinghamWyoming Supreme Court · 1966
- State Ex Rel. Keefe v. JonesWyoming Supreme Court · 1945
- Walgreen Co. v. STATE BOARD OF EQUALIZATION OF STATE OF WYOMINGWyoming Supreme Court · 1952
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