Legal Opinion

State v. Preston

Idaho Supreme Court

Decided December 17, 1894PublishedCited by 12 opinions

APPEAL from District Court, Bannock County. The charge is violation of a city ordinance. Subdivision 31 of section 2230 of Revised Statutes gives authority to punish by-municipal ordinance all vagrants or other persons found in a town or village without visible means of support or some legitimate business.

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APPEAL from District Court, Bannock County. The charge is violation of a city ordinance. Subdivision 31 of section 2230 of Revised Statutes gives authority to punish by-municipal ordinance all vagrants or other persons found in a town or village without visible means of support or some legitimate business. This is not charged in the complaint. -If the-complaint charges anything at all, it charges a crime under-section 7208 of the Revised Statutes. {Ex parte Kearney, 55 Cal. .225; Idaho Const., art. 12, sec. 2; People v. Buchanan, 1 Tdaho, 681.) The defendant did not consent to an oral…

1Opinion of the CourtSulliyan, J.

The defendant was arrested on a complaint filed by the city marshal of Pocatello in the office of the police magistrate of that city, charging him with violating a city ordinance defining vagrancy, and prescribing punishment therefor. The defendant interposed a demurrer' to the complaint, which was overruled, and upon trial the defendant was convicted. An appeal was taken to the district court, where the defendant was tried anew, and convicted, and sentenced to pay a fine of ninety-nine dollars. Motion in arrest of judgment was made and overruled. Thereupon the defendant took this appeal.

The…

2Cases cited19 opinions

  1. In re SicCalifornia Supreme Court · 1887
  2. State v. ClarkeSupreme Court of Missouri · 1873
  3. McPherson v. Village of ChebanseIllinois Supreme Court · 1885
  4. State v. ClarkIdaho Supreme Court · 1894
  5. Village of St. Johnsbury v. ThompsonSupreme Court of Vermont · 1887

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

3Cited by12 opinions

  1. State v. FisherMontana Supreme Court · 1900
  2. Clark v. AllowayIdaho Supreme Court · 1946
  3. State v. PoynterIdaho Supreme Court · 1950
  4. In re the Charges Against DarrowIndiana Supreme Court · 1910
  5. State v. McGannIdaho Supreme Court · 1901

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

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