State v. Reynolds
Supreme Court of Connecticut
Prosecution for selling provisions from a temporary stand within one mile of a fair ground, in violation of § 1358 of the General Statutes, brought to the Criminal Court of Common Pleas in New London County where a demurrer to the information, upon the ground of the unconstitutionality of the statute, was sustained (Noyes, J.j and the accused discharged, from which judgment the State appealed.
1Opinion of the CourtTorrance, C. J.
The. statute ■(§ 1358) prohibits any person from exposing for sale from any wagon or temporary stand “any articles of provisions . . . within one mile of the fair ground of any incorporated society.” The defendant was prosecuted in the court below for a violation of this statute. He demurred to- the information, mainly - on the ground that the statute was unconstitutional and void, and the trial court sustained the demurrer on that ground and discharged him.
The main question upon this appeal is whether or not the Act is unconstitutional and therefore void. Before considering that question,…
2Cases cited7 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- State v. HarringtonSupreme Court of Vermont · 1896
- Hartford Bridge Co. v. Union Ferry Co.Supreme Court of Connecticut · 1860
- Town of Wilton v. WestonSupreme Court of Connecticut · 1880
- Commonwealth v. BearseMassachusetts Supreme Judicial Court · 1882
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3Cited by6 opinions
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- Frigidice Co. v. Southeastern Fair Ass'nCourt of Appeals of Georgia · 1938
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