Legal Opinion

State v. Mitchell

Montana Supreme Court

Decided October 21, 1895PublishedCited by 16 opinions

Appeal from, First Judicial District, Lewis and Clarke County. Prosecution for violation of section 600, chapter IX of the Penal Code prohibiting gambling. The defendant was tried before Blake, J. and acquitted. The Constitution, section 12, article VII, declares that acts approved by the governor do not become laws until signed by him.

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Appeal from, First Judicial District, Lewis and Clarke County. Prosecution for violation of section 600, chapter IX of the Penal Code prohibiting gambling. The defendant was tried before Blake, J. and acquitted. The Constitution, section 12, article VII, declares that acts approved by the governor do not become laws until signed by him. House bill 35, then, never became a law until February 19, 1895, and with reference toother acts passed at the Fourth session, it (House bill 35) must be deemed to have been passed on the last day of the session. (Section 5160, Political Code.) Senate bill 48,…

1Opinion of the CourtHunt, J.

-An information was filed against the defendant *71accusing him of opening a faro game, and thus' violating sección 600, chapter IX, Penal Code, 1895.

The section reads as follows : ‘ ‘ Every person who deals, plays, carries on, opens or causes to be opened * * * any game of faro * * * or any banking or percentage game played with cards, dice or any device for money, * * * is punishable by fine not less than two hundred dollars nor more than one thousand dollars, and must be imprisoned in the county jail until such fine and costs of prosecution are paid, such imprisonment not to exceed one year,…

2Cases cited6 opinions

  1. People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
  2. State v. MillerSupreme Court of Missouri · 1870
  3. State ex rel. Woods v. TookerMontana Supreme Court · 1894
  4. Tingue v. . Village of Port ChesterNew York Court of Appeals · 1886
  5. Lane v. Commissioners of Missoula CountyMontana Supreme Court · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. Camp SingMontana Supreme Court · 1896
  2. State v. McKinneyMontana Supreme Court · 1904
  3. Evers v. HudsonMontana Supreme Court · 1907
  4. Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
  5. Lewis v. DunneCalifornia Supreme Court · 1901

11 more not listed; retrieve them via the Exa API.

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