State v. Hearn
Oregon Supreme Court
From Josephine: Frank M. Calkins, Judge. Statement by Mr. Justice Moore. The defendant, Dan Hearn, was indicted for the crime of selling intoxicating liquor, committed in Josephine County, October 29, 1910, in violation of the local option law, which, it is averred, was then in force in the entire county.
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From Josephine: Frank M. Calkins, Judge. Statement by Mr. Justice Moore. The defendant, Dan Hearn, was indicted for the crime of selling intoxicating liquor, committed in Josephine County, October 29, 1910, in violation of the local option law, which, it is averred, was then in force in the entire county. A plea of not guilty having' been interposed, the cause was tried on an agreed statement of facts, in substance that at local option elections regularly held in that county as a whole June 6, 1908, and November 10, 1910, a majority of all the votes, respectively cast, were for prohibition…
1Opinion of the CourtJustice Moore
It is maintained that the amendment referred to impliedly repealed that part of the local option law which made an entire county the maximum limit of prohibition, thereby excluding from such territory all incorporated cities and towns therein, and that as the alteration in the constitution contained no provision whereby violations of the prohibition law committed within the limits of such municipality prior to the adoption of the amendment were saved from the effect thereof, errors were committed in refusing to direct a verdict of not guilty and in giving the judgment, which is brought up for *230…
2Cases cited2 opinions
- State v. SchluerOregon Supreme Court · 1911
- Woodlief v. StateCourt of Appeals of Texas · 1886
3Cited by9 opinions
- State Ex Rel. Porterie v. SmithSupreme Court of Louisiana · 1935
- City of Klamath Falls v. Oregon Liquor Control CommissionOregon Supreme Court · 1934
- Cole v. SeasideOregon Supreme Court · 1916
- West Linn v. TuftsOregon Supreme Court · 1915
- State v. BillupsOregon Supreme Court · 1912
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