Legal Opinion

State v. Penny

Montana Supreme Court

Decided October 20, 1910No. 2,873PublishedCited by 14 opinions

Appeal from District Court, Missoula County; F. C. Webster, Judge. T. C. Penny was convicted lor keeping open and maintaining a theater on Sunday, and he appeals from the judgment of conviction and an order denying him a new trial.

1Opinion of the CourtJustice Smith

The defendant was convicted and fined in Missoula county for keeping open and maintaining a theater on Sunday, contrary to the provisions of section 8369 of the Revised Codes. That section reads as follows: “Every person who on Sunday, or the first day of the week, keeps open or maintains or aids in opening or maintaining any theater, playhouse, dance-house, racetrack, gambling-house, concert saloon or variety hall is guilty of a misdemeanor.”

The cause was submitted to the district court upon an agreed statement of facts, which reads as follows:

“That T. C. Penny, the defendant hereinabove…

2Cases cited13 opinions

  1. State v. HogreiverIndiana Supreme Court · 1899
  2. Neuendorff v. . DuryeaNew York Court of Appeals · 1877
  3. St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
  4. People v. HemlebAppellate Division of the Supreme Court of the State of New York · 1908
  5. In re HullIdaho Supreme Court · 1910

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Cunningham v. Northwestern Improvement Co.Montana Supreme Court · 1911
  2. Ober v. National Casualty Co.Massachusetts Supreme Judicial Court · 1945
  3. Ex Parte LingenfelterCourt of Criminal Appeals of Texas · 1911
  4. City of Billings v. SkurdalMontana Supreme Court · 1986
  5. Yellowstone Valley Electric Cooperative, Inc. v. OstermillerMontana Supreme Court · 1980

9 more not listed; retrieve them via the Exa API.

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