State v. Brown
Montana Supreme Court
Appeal from District Oourt, Lewis and 'Glarke County*; Henry G. Smith, Judge. Wilton Gr. Beown was prosecuted under Senate Bill No. 29 (Laws of 1903, Chapter 58) for unlawfully shooting and killing a turtle dove, was found guilty, and judgment was rendered against him, from] which judgment he appeals.
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Appeal from District Oourt, Lewis and 'Glarke County*; Henry G. Smith, Judge. Wilton Gr. Beown was prosecuted under Senate Bill No. 29 (Laws of 1903, Chapter 58) for unlawfully shooting and killing a turtle dove, was found guilty, and judgment was rendered against him, from] which judgment he appeals. (a) The court erred in overruling the demurrer of the defendant to the complaint for the'following reasons: (1) The court was without jurisdiction to try said cause, and (2) the Act of the legislative assembly under which said complaint was made is unconstitutional, for the reasons set forth in…
1Opinion of the Court
MR COMMISSIONER CALLAWAY
prepared the opinion for the court.
The defendant was found guilty upon a charge of unlawfully shooting and killing a turtle dove, and has appealed from the judgment.
It is contended by his counsel that the complaint upon which the prosecution is based does not state facts sufficient to constitute a public offense, for the reason that the statute making the shooting and killing of a turtle dove a crime is unconstitutional.
In support of this contention it is urged that the statute in question — 'Senate Bill No. 29, approved March 4, 1903 (Sess. Laws 1903, Chapter 58), is…
2Cases cited6 opinions
- Jobb v. County of MeagherMontana Supreme Court · 1898
- Hotchkiss v. MarionMontana Supreme Court · 1892
- State v. Anaconda Copper Mining Co.Montana Supreme Court · 1900
- Western Ranches, Ltd. v. County of CusterMontana Supreme Court · 1903
- State v. MitchellMontana Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. McKinneyMontana Supreme Court · 1904
- City of Billings v. SmithMontana Supreme Court · 1971
- Town of White Sulphur Springs v. VoiseMontana Supreme Court · 1959
- Independent Publishing Co. v. County of Lewis & ClarkeMontana Supreme Court · 1904
- Russell v. Chicago, Burlington & Quincy Ry. Co.Montana Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.