State v. Morton
Idaho Supreme Court
APPEAL from the District Court of. the ‘Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. • Action for maintaining a common nuisance in a prohibition district. Judgment for plaintiff.
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APPEAL from the District Court of. the ‘Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. • Action for maintaining a common nuisance in a prohibition district. Judgment for plaintiff. Ada county having voted to regulate and license the sale of liquor in the county, even counsel for the state does not contend that the locus of the acts charged here was “territory in which the sale of intoxicating liquor is prohibited by law” under the first clause of the statute. (Gerding v. Board of County Commrs., 13 Ida. 444-418, 90 Pac. 357; In re Crane, 27 Ida. 671-692, 151 Pac.…
1Dissent
BUDGE, C. J.,
Dissenting. — The first and only important assignment of error involves the construction of sec. 2, chap. 15, Session Laws of 1911, and see. 7, chap. 27, Session Laws of 1913, set forth in the majority opinion.
It is the contention of the appellant that the county of Ada constituted the unit of measurement for a prohibition district within the meaning of the foregoing statutory provisions, and that, since liquor licenses were issued and in effect in Boise City, he did not maintain a common nuisance. It is insisted by the state that all territory outside of Boise City where ho…
2Cases cited2 opinions
- Anderson v. Board of CommissionersIdaho Supreme Court · 1912
- Sullivan v. Board of CommissionersIdaho Supreme Court · 1912