State v. Sterrett
Idaho Supreme Court
APPEAL from tbe District Court of the Fifth Judicial District, for Bauuock County. Hon. O. R. Baum, Judge. Defendant was convicted of transporting intoxicating liquor. The only intent necessary to constitute the offense of transporting intoxicating liquors is the intent to transport. (State v. Sheehan, 33 Ida. 103, 190 Pac. 71.) A person is bound to know whether he is a de jure officer.
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APPEAL from tbe District Court of the Fifth Judicial District, for Bauuock County. Hon. O. R. Baum, Judge. Defendant was convicted of transporting intoxicating liquor. The only intent necessary to constitute the offense of transporting intoxicating liquors is the intent to transport. (State v. Sheehan, 33 Ida. 103, 190 Pac. 71.) A person is bound to know whether he is a de jure officer. So the argument of good faith or good intentions avails him nothing if he is not in truth and in fact an officer. (22 R. C. L. 600, sec. 323; -29 Cyc. 934; Creighton v. Commonwealth, 83 Ky. 142, 4 Am. St. 143;…
1Opinion of the CourtBudge, J.
Appellant was convicted of the crime of transporting intoxicating liquor into a prohibition district in the state of Idaho, from which he appeals.
From the record it appears that appellant was apprehended by two deputy sheriffs of Bannock county, while hauling two kegs of intoxicating liquor in a wagon, upon a public highway within said county, several miles from Alexander, Caribou county, on the afternoon of April 12, 1919. There is some evidence in the record tending to show that on the morning of said day appellant was in Soda Springs, where he appeared before the acting probate judge of…
2Cases cited4 opinions
- State v. KellerIdaho Supreme Court · 1902
- In re BaughIdaho Supreme Court · 1917
- City of Hays v. SchuelerSupreme Court of Kansas · 1920
- State v. SheehanIdaho Supreme Court · 1920
3Cited by31 opinions
- State v. YzaguirreIdaho Supreme Court · 2007
- State v. BlakeIdaho Supreme Court · 1999
- State v. FoxIdaho Supreme Court · 1993
- State v. ScottIdaho Supreme Court · 1951
- State v. StifflerIdaho Supreme Court · 1990
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