State v. Frederic
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Prosecution for violation of city ordinance prohibiting unlawful possession of intoxicating liquor. Judgment for defendant. Under sec. 2, art. 12, of the constitution, this court in a number of cases has held that the cities have the power to prescribe and enforce police regulations, notwithstanding a general statute prescribing a punishment for the same offense.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Prosecution for violation of city ordinance prohibiting unlawful possession of intoxicating liquor. Judgment for defendant. Under sec. 2, art. 12, of the constitution, this court in a number of cases has held that the cities have the power to prescribe and enforce police regulations, notwithstanding a general statute prescribing a punishment for the same offense. (State v. Preston, 4 Ida. 215, 38 Pac. 694; State v. Quong, 8 Ida. 191, 67 Pae. 491.) The burden of policing the…
1Opinion of the Court
BUDGE, J.-
On August 23, 1915, a criminal complaint was filed in the police court of the city of Coeur d’Alene, charging respondent with unlawfully having in his possession, on or about August 22, 1915, intoxicating liquors, to wit, whisky and beer, in violation of the provisions of an ordinance of that city. A warrant was thereupon issued; respondent was arrested and brought into the police court. A trial was had in that court without a jury, and respondent was found guilty as charged in the complaint and assessed a fine of $50 and costs, from which judgment he appealed to the district court…
2Cases cited2 opinions
- State v. DruryIdaho Supreme Court · 1914
- Walsh v. City of UnionOregon Supreme Court · 1886
3Cited by24 opinions
- Continental Oil Co. v. City of Twin FallsIdaho Supreme Court · 1930
- State v. Village of Garden CityIdaho Supreme Court · 1953
- Meade v. FreemanIdaho Supreme Court · 1969
- Rust v. GillespieSupreme Court of Oklahoma · 1923
- Finucane v. Village of HaydenIdaho Supreme Court · 1963
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