Heinssen v. State
Supreme Court of Colorado
6. Suspension of a General Law by a City Ordinance — Repeal of the Ordinance.— When the suspension of a general law within a municipality x'esults from a city ordinance passed in pui’suance of a special charter, the repeal of the ordinance will leave the general law in foi'ce within the city. Error to District Court of Arapahoe County.
1Opinion of the CourtJustice Hayt
Plaintiff in error, defendant below, was convicted in the district court of Arapahoe county for keeping open a tippling-house on the Sabbath day, in violation of section 151 of the Criminal Code .of this state.
The place at which the act is shown to have been committed is situate within the corporate limits of the city of Denver, and the only defense relied upon is that said city, under its special charter, is excepted from the operation of the statute. The court below being of the opinion that the state law was in force within said city, the defendant was sentenced accordingly. To review this…
2Cases cited19 opinions
- State v. ClarkeSupreme Court of Missouri · 1873
- Myers v. PeopleIllinois Supreme Court · 1873
- People ex rel. Barton v. LondonerSupreme Court of Colorado · 1889
- Brown v. BarrySupreme Court of the United States · 1797
- State v. DeBarSupreme Court of Missouri · 1874
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3Cited by12 opinions
- Mayor of Valverde v. ShattuckSupreme Court of Colorado · 1893
- People v. RaimsSupreme Court of Colorado · 1895
- In re RidenbaughIdaho Supreme Court · 1897
- Nelson v. NelsonSupreme Court of Colorado · 1922
- Walker v. PeopleSupreme Court of Colorado · 1913
7 more not listed; retrieve them via the Exa API.