State v. Gutke
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Prosecution for the crime of selling intoxicating liquors in a prohibition district. Judgment of guilty, from which defendant appeals. Sec. 7756, Rev. Codes, is identical with see. 1017 of Kerr’s California Penal Code, and has been frequently construed by the courts of that and other states having similar provisions.
Read the full summary
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Prosecution for the crime of selling intoxicating liquors in a prohibition district. Judgment of guilty, from which defendant appeals. Sec. 7756, Rev. Codes, is identical with see. 1017 of Kerr’s California Penal Code, and has been frequently construed by the courts of that and other states having similar provisions. (People v. Kinsey, 51 Cal. 278; People v. Fuqua, 61 Cal. 377; People v. Helloing, 59 Cal. 567; People p. Ham-berg, 84 Cal. 468, 24 Pac. 298; People v. Eppinger, 109 Cal.…
1Opinion of the CourtAilshie, C. J.
In this case the defendant was tried and acquitted upon the charge of selling two bottles of beer on the 13th of August, 1911, in Bingham county, to a minor in violation of the law which makes it a misdemeanor to sell intoxicating liquor to a minor. He was thereafter charged upon the same act and transaction with selling intoxicating liquor in Bingham county in violation of the local option statute, which makes it a misdemeanor to sell intoxicating *740liquor within a prohibition district. On the trial of the latter charge the defendant plead “not guilty” and “former acquittal,” his plea of…
2Cases cited8 opinions
- State v. ColgateSupreme Court of Kansas · 1884
- People v. KinseyCalifornia Supreme Court · 1876
- State v. PriceSupreme Court of Iowa · 1905
- People v. FuquaCalifornia Supreme Court · 1882
- State v. GapenIndiana Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. HoltMontana Supreme Court · 1948
- State v. PettyIdaho Supreme Court · 1952
- State v. BilboaIdaho Supreme Court · 1920
- State v. WallIdaho Supreme Court · 1952
- State v. MarchindoMontana Supreme Court · 1922
18 more not listed; retrieve them via the Exa API.