State v. Woodman
Montana Supreme Court
Appeal from District Court, Leiuis and Glarke County; Henry G. Smith, Judge. Elmer E. WoodmaN was convicted of running a nickel in the slot machine in violation of the law, and be appeals. The law under consideration is unconstitutional, for the reason that it is class legislation.
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Appeal from District Court, Leiuis and Glarke County; Henry G. Smith, Judge. Elmer E. WoodmaN was convicted of running a nickel in the slot machine in violation of the law, and be appeals. The law under consideration is unconstitutional, for the reason that it is class legislation. (In re Langford, 57 Eed. 574.) Assuming, however, that the constitutional objection urged is not well taken, we insist that under well settled rules of statutory construction, the use of the nickel in the slot machines for the distribution of merchandise or cigars is not prohibited by the law under consideration.…
1Opinion of the CourtChief Justice Brantly
The defendant was charged by information with a violation of the Act of the Seventh Legislative Assembly (Laws 1901, p. 166), by willfully and unlawfully running and conducting, and permitting to be run and conducted, a certain nickel in the slot machine for cigars, in his cigar store in the city of Helena. A general demurrer was interposed to the information, and overruled. Thereupon the defendant entered his plea of not guilty. A trial was had, which resulted in a verdict of conviction. A motion in arrest of judgment was overruled, and the defendant Avas sentenced to pay a fine. The facts…
2Cases cited2 opinions
- State ex rel. Knight v. CaveMontana Supreme Court · 1898
- State ex rel. Lloyd v. RotwittMontana Supreme Court · 1894
3Cited by16 opinions
- Hoffman Chevrolet, Inc. v. Washington County National Savings BankCourt of Appeals of Maryland · 1983
- Couch v. StateCourt of Criminal Appeals of Oklahoma · 1941
- State Ex Rel. Replogle v. Joyland ClubMontana Supreme Court · 1950
- Ferguson v. StateIndiana Supreme Court · 1912
- Colbert v. Superior Confection Co.Supreme Court of Oklahoma · 1931
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