Harris v. People
Supreme Court of Colorado
Error to the Court of Appeals. On March 18, 1891, an indictment was returned into the district court of Arapahoe county, charging the defendant, under the name of Charles Harris, with keeping open a tippling house on the Sabbath day. The defendant was convicted and sentenced to confinement in the jail of Arapahoe county. From that judgment, by writ of error, he went to the court of' appeals, where the judgment of the trial court was affirmed.
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Error to the Court of Appeals. On March 18, 1891, an indictment was returned into the district court of Arapahoe county, charging the defendant, under the name of Charles Harris, with keeping open a tippling house on the Sabbath day. The defendant was convicted and sentenced to confinement in the jail of Arapahoe county. From that judgment, by writ of error, he went to the court of' appeals, where the judgment of the trial court was affirmed. The defendant is here'by writ of error to the judgment of the court of appeals, and assigns as error two propositions : Eirst, that the court erred in…
1Opinion of the CourtJustice Campbell
From the admitted fact of the selling and the uncontradicted evidence as to the character of the house and the kind of people frequenting the same and their condition as to insobriety while there, the jury were, in law, justified in finding therefrom as an inference the additional fact that tippling was indulged in upon the premises. But, in our view of the case, it was not necessary to show, in order to constitute the offense charged, that liquor was actually drunk upon the premises. The defendant himself concedes that as to this branch of the case the prosecution has made out the offense…
2Cited by4 opinions
- Territory of Oklahoma Ex Rel. City of Oklahoma v. RobertsonSupreme Court of Oklahoma · 1907
- People v. JosephColorado Court of Appeals · 1995
- Lendholm v. PeopleSupreme Court of Colorado · 1913
- Golden v. People ex rel. BakerSupreme Court of Colorado · 1937