Legal Opinion

State v. Mulkey

Idaho Supreme Court

Decided October 30, 1899PublishedCited by 16 opinions

APPEAL from District Court, Idaho County. Said act was not passed by the legislature of the state of Idaho, as provided and required by the constitution of the state of Idaho. (Cohn v. Kingsley, 5 Idaho, 416, 49 Pac. 985; Ex parte Ah Fem, 53 Cal. 246; State v. Carr, 6 Or. 133 425; Trim-ble v. State 27 Ark. 355; State v. Melville, 11 E. I. 417; Const., art.-1, sec. 13; art. 17, sec. 1; leek v. Anderson, 57 Cal. 251, 40 Am. Rep. 115.) The title of this act is sufficient.

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APPEAL from District Court, Idaho County. Said act was not passed by the legislature of the state of Idaho, as provided and required by the constitution of the state of Idaho. (Cohn v. Kingsley, 5 Idaho, 416, 49 Pac. 985; Ex parte Ah Fem, 53 Cal. 246; State v. Carr, 6 Or. 133 425; Trim-ble v. State 27 Ark. 355; State v. Melville, 11 E. I. 417; Const., art.-1, sec. 13; art. 17, sec. 1; leek v. Anderson, 57 Cal. 251, 40 Am. Rep. 115.) The title of this act is sufficient. (State v. Doherty, 3 Idaho, 384, 29 Pac. 855.) Neither bad grammar or bad English will defeat the operation of the statute.…

1Opinion of the CourtQuarles, J.

— The appellant was charged with the offense of gambling, by criminal complaint, in the probate court of Idaho county and was tried and convicted; whereupon he appealed to the district court, was again tried, and convicted; and from the judgment of conviction in said district court he has appealed to this court.

The errors assigned by appellant are as follows: “1. That the act under the provisions whereof this action is prosecuted, entitled An act to prohibit gambling and to provide for the punishment thereof and for other purposes/ appioved February 6, 1899, is unconstitutional and void as to…

2Cited by16 opinions

  1. Keenan v. PriceIdaho Supreme Court · 1948
  2. Gillesby v. Board of County CommissionersIdaho Supreme Court · 1910
  3. Worthen v. StateIdaho Supreme Court · 1974
  4. Mills Novelty Co. v. DunbarIdaho Supreme Court · 1906
  5. Roos v. BelcherIdaho Supreme Court · 1958

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