Walker v. People
Supreme Court of Colorado
Error to the County Court of Douglas County. Platntiee in error, Joe Walker, was convicted and sentenced upon information filed without leave of court. In this information he is charged with unlawfully keeping open a tippling house on the first day of the week, commonly called Sunday, étc. The information is signed by the district attorne3r, by his deputy.
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Error to the County Court of Douglas County. Platntiee in error, Joe Walker, was convicted and sentenced upon information filed without leave of court. In this information he is charged with unlawfully keeping open a tippling house on the first day of the week, commonly called Sunday, étc. The information is signed by the district attorne3r, by his deputy. Attached to the information is the affidavit of the prosecuting officer, stating that the facts therein are true to the best of his knowledge and belief. Aside from this is the affidavit of one John Watson, who makes oath to the facts as of…
1Opinion of the CourtChief Justice Hayt
In the court below a motion was made to quash the information — first, because the same was filed without leave of court; second, upon the claim that no affidavit, as required by law, was filed upon which to base the information. The motion to quash having been overruled, a plea in abatement raising the same questions was filed and overruled. Thereafter the same objections were interposed at every stage of the proceeding in the lower court. The defendant having been convicted and sentenced for the crime charged, brings the case here upon error.
Ho preliminary examination having been had of the…
2Cases cited4 opinions
- Davis v. StateNebraska Supreme Court · 1891
- Richards v. StateNebraska Supreme Court · 1887
- Hodgkins v. StateNebraska Supreme Court · 1893
- State v. BrettMontana Supreme Court · 1895
3Cited by8 opinions
- Ausmus v. PeopleSupreme Court of Colorado · 1910
- Falgout v. PeopleSupreme Court of Colorado · 1969
- Walt v. PeopleSupreme Court of Colorado · 1909
- People v. ElmoreSupreme Court of Colorado · 1982
- Liggett v. PoepleSupreme Court of Colorado · 1899
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