Legal Opinion

State v. Byles

Wyoming Supreme Court

Decided November 10, 1913No. 742PublishedCited by 4 opinions

Reserved QUESTIONS from the District Court, Sheridan County; HoN. Carroll H. Parmelee, Judge. The case having been submitted to the District Court upon an agreed statement of facts, and a motion by the defendant for judgment and dismissal, upon the ground of the alleged unconstitutionality of the statute under which the case was brought and prosecuted, the • constitutional questions thus raised were reserved for the decision of the Supreme Court.

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Reserved QUESTIONS from the District Court, Sheridan County; HoN. Carroll H. Parmelee, Judge. The case having been submitted to the District Court upon an agreed statement of facts, and a motion by the defendant for judgment and dismissal, upon the ground of the alleged unconstitutionality of the statute under which the case was brought and prosecuted, the • constitutional questions thus raised were reserved for the decision of the Supreme Court. The material facts are stated in the opinion. The earlier statute of 1907 contained a clause specifically declaring that the act shuold not apply to…

1Opinion of the Court

Scott, Chi®]? Justic®.

' On October 12, 1912, an information was filed in the District Court of Sheridan county, which, omitting the caption, signature and verification, is as follows:

“Comes now D. L. Gogerty, county and prosecuting attorney of the County of Sheridan and State of Wyoming, and in the name and by the authority of the State of Wyoming, informs the Court and gives the Court to understand that C. A.- Byles, late of the county aforesaid, on or about the 5th day of October, A. D. 1912, at the County of Sheridan in the State of Wyoming, did expose and offer for sale unlawfully…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. State v. WillinghamWyoming Supreme Court · 1900
  2. Clements v. Town of CasperWyoming Supreme Court · 1894

3Cited by4 opinions

  1. True v. Hi-Plains Elevator MacHinery, Inc.Wyoming Supreme Court · 1978
  2. Town of Green River v. BungerWyoming Supreme Court · 1936
  3. State Ex Rel. Board of Commissioners v. WrightWyoming Supreme Court · 1945
  4. Abner Mfg. Co. of Wapakoneta, Ohio v. McLaughlinNew Mexico Supreme Court · 1937

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