State v. Smart
Wyoming Supreme Court
Reserved Questions from the District Court, Albany County; Hon. Charles E. Carpenter, Judge. Certain questions were reserved for the decision of the Supreme Court, under the statute authorizing the reservation of' constitutional questions, in a criminal prosecution wherein Peter Smart was charged with having violated the law prohibiting a licensed liquor dealer from keeping his place of business open or disposing of intoxicating liquors on his premises on Sunday.
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Reserved Questions from the District Court, Albany County; Hon. Charles E. Carpenter, Judge. Certain questions were reserved for the decision of the Supreme Court, under the statute authorizing the reservation of' constitutional questions, in a criminal prosecution wherein Peter Smart was charged with having violated the law prohibiting a licensed liquor dealer from keeping his place of business open or disposing of intoxicating liquors on his premises on Sunday. The questions arose upon demurrer to the information. The act under which the defendant is prosecuted as it now appears in the…
1Opinion of the Court
Scott, Chief Justice.
This case was prosecuted under the provisions of Chapter 86, Session Laws 1888 of Wyoming, Approved March 9, 1888, entitled “An Act relating to the proper observance of the first day of the week, commonly called Sunday.” Said act as originally passed reads in its entirety as follows:
"Be it enacted by the Council and House of Representatives of the Territory of Wyoming:
“Section 1. Every person or persons, company or corporation, having license to sell liquors under the laws of Wyoming territory, who shall keep open, or suffer his or their agent or employe to keep open, his…
Also in this document: Concurrence.
2Cases cited7 opinions
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- State v. DolanIdaho Supreme Court · 1907
- Ex parte BurkeCalifornia Supreme Court · 1881
- Sherman v. Mayor of PatersonSupreme Court of New Jersey · 1912
- State v. GrossmanSupreme Court of Missouri · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Fawcett v. BOARD OF THE COUNTY COMMISSIONERSWyoming Supreme Court · 1954
- McFarland v. City of CheyenneWyoming Supreme Court · 1935
- Berry v. Arapahoe and Shoshone TribesDistrict Court, D. Wyoming · 1976
- Cuthbertson v. Union Pacific Coal Co.Wyoming Supreme Court · 1936
- Standard Oil Co. v. State Board of EqualizationMontana Supreme Court · 1940
1 more not listed; retrieve them via the Exa API.