State v. Layman
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, in and for Fremont County. Hon. James GL Gwinn, Judge. Defendant was convicted of maintaining a common nuisance in keeping for sale, delivery or distribution, in violation of law, intoxicating liquors, and was sentenced to pay a tine of $500. The depositions taken at the preliminary examination do not disclose that any public offense was committed by the defendant or that there was probable canse to believe the…
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APPEAL from the District Court of the Ninth Judicial District, in and for Fremont County. Hon. James GL Gwinn, Judge. Defendant was convicted of maintaining a common nuisance in keeping for sale, delivery or distribution, in violation of law, intoxicating liquors, and was sentenced to pay a tine of $500. The depositions taken at the preliminary examination do not disclose that any public offense was committed by the defendant or that there was probable canse to believe the defendant guilty of the offense charged in the information or any offense, and that the defendant had been committed and…
1Opinion of the CourtSullivan, J.
The defendant was convicted of maintaining a common nuisance, and was charged by the information with wilfully and unlawfully, within a prohibition district, maintaining a place where intoxicating liquors were sold, furnished, delivered, given away or otherwise disposed of, in violation of law, and was sentenced to pay a fine of $500, and in default of payment, was ordered to be confined in the county jail until said fipe be paid, at the rate of two dollars per day.
A motion for a new trial was denied, and this appeal is from the judgment and order denying a new trial.
Numerous errors are…
Also in this document: Concurrence.
2Cases cited2 opinions
- State v. WhiteSupreme Court of Kansas · 1905
- In re SquiresIdaho Supreme Court · 1907
3Cited by7 opinions
- Carey v. StateIdaho Supreme Court · 1967
- State v. MaguireIdaho Supreme Court · 1917
- State v. O'MEALEYIdaho Supreme Court · 1973
- Martinez v. StateIdaho Supreme Court · 1965
- O'Neill v. StateIdaho Supreme Court · 1969
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