Legal Opinion

State ex rel. Poindexter v. District Court

Montana Supreme Court

Decided July 3, 1915No. 3,693PublishedCited by 4 opinions

Original application by the State, on the relation of J. B. Poindexter, attorney general, for writ of supervisory control, against the district court of the first judicial district in and for the county of Lewis and Clark, and J. M. Clements, a judge thereof. Order annulled.

1Opinion of the CourtChief Justice Brantly

On March 22 of this year John Abel was, by information filed in the district court of Lewis and Clark county, charged with a violation of the statute relating to the keeping of wine-rooms in connection with saloons (Laws 1907, Chap. 170; Rev. Codes, secs. 8382-8389). On May 12 he was tried in department 2 of said court, Honorable J. Miller Smith presiding, and found guilty; the jury fixing his punishment by imposing a fine of $500. On May 15 the court pronounced judgment: “That the said John Abel be punished by a fine of $500, and in default of payment that he be imprisoned in the county jail…

2Cases cited2 opinions

  1. In re AdamsCalifornia Supreme Court · 1889
  2. Ex parte EllisCalifornia Supreme Court · 1880

3Cited by4 opinions

  1. State v. SorensonMontana Supreme Court · 1922
  2. Spinler v. StateMontana Supreme Court · 1968
  3. In Re Application of MurphyOregon Supreme Court · 1926
  4. State v. WinterrowdMontana Supreme Court · 1926

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