Legal Opinion

Birmingham v. People

Supreme Court of Colorado

Decided April 15, 1907No. 5344; No. 2990 C. APublishedCited by 3 opinions

Error to the County Court of Log&&- Caunta. Eon. D. C. Smith, Judge. Harry Birmingham and Ed. Clayton were convicted of a violation of the saloon law, and bring error.

1Opinion of the Court

Mr., Justice Maxwell

delivered the opinion of the court:

Plaintiffs in error were jointly informed against, tried and convicted of a violation of § 1346d, 3 Mills ’ (Rev.) Stats., for keeping open and failing to keep closed a saloon on the first day of the week, commonly called Sunday.

From a sentence imposing a fine against each, this writ of error was sued out of the court of appeals.

For a reversal of the judgment they urge: (1) That the verdict is against the evidence; (2) Error in the instructions given; (3) Error in refusing instructions requested.

1.. A reading of all the evidence contained…

2Cases cited1 opinion

  1. Johnson v. SpohrColorado Court of Appeals · 1898

3Cited by3 opinions

  1. Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
  2. McFadden v. PyneSupreme Court of Colorado · 1909
  3. Lendholm v. PeopleSupreme Court of Colorado · 1913

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