State v. Morris
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Respondent was convicted in the justice’s court of keeping open and operating a moving picture show on Sunday. He appealed to the district court and was acquitted. The state appeals. The overt violation of a Sunday rest law or the act itself being once established, the intent is immaterial.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Respondent was convicted in the justice’s court of keeping open and operating a moving picture show on Sunday. He appealed to the district court and was acquitted. The state appeals. The overt violation of a Sunday rest law or the act itself being once established, the intent is immaterial. (See. 1698, Wharton’s Criminal Law.) “Various industrial exhibitions and entertainments for charitable purposes are all of them shows.” (United States v. Buffalo Park, 16 Blatchf. 189, 24 Fed. Cas.…
1Opinion of the CourtMorgan, J.
On August 11, 1914, the above-named respondent, together with two other persons, was arrested upon a warrant issued out of the justice’s court of Boise precinct upon a charge of keeping open and operating a moving picture show on Sunday in the city of Boise, Idaho. The record does not disclose what disposition, if any, was made of the cases of the other defendants but it appears that on November 30th, 1914, the respondent, upon an agreed statement of the facts, was, by the justice of the peace, adjudged to be guilty of the crime charged against him. He appealed to the district court, where…
2Cases cited4 opinions
- Grice v. Clearwater Timber Co.Idaho Supreme Court · 1911
- Chesebrough v. City and County of San FranciscoCalifornia Supreme Court · 1908
- In re HullIdaho Supreme Court · 1910
- In re BossnerIdaho Supreme Court · 1910
3Cited by13 opinions
- Johnson v. DiefendorfIdaho Supreme Court · 1936
- Eberle v. NielsonIdaho Supreme Court · 1957
- State v. CosgroveIdaho Supreme Court · 1922
- State v. CampbellIdaho Supreme Court · 1950
- Meader v. Unemployment Compensation Division of the Industrial Accident BoardIdaho Supreme Court · 1943
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