In re Burgess
Idaho Supreme Court
ORIGINAL application on behalf of William Burgess, John Bailey and John McIIargue, for writs of habeas corpus. The petitioners were convicted in the justice’s court of West Weiser precinct, in Washington county, of the crime of gambling, and appealed to the district court in and for Washington county.' Upon a trial in the district court the defendants were found guilty and sentenced by the judge to each pay a fine of $250, and serve a term of three months in the county jail.
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ORIGINAL application on behalf of William Burgess, John Bailey and John McIIargue, for writs of habeas corpus. The petitioners were convicted in the justice’s court of West Weiser precinct, in Washington county, of the crime of gambling, and appealed to the district court in and for Washington county.' Upon a trial in the district court the defendants were found guilty and sentenced by the judge to each pay a fine of $250, and serve a term of three months in the county jail. They thereafter applied to the district judge of the seventh judicial district for a writ of habeas corpus, and the…
1Opinion of the CourtAilshie, J.
The contention is made by the petitioners that under section 1 of the anti-gambling act (Sess. Laws 1899, p. 389), the court was without jurisdiction and authority to impose a sentence of both fine and imprisonment. Section 1 of the law in question, after enumerating the acts prohibited, declares that anyone who commits any of the forbidden acts “is guilty of a misdemeanor and is punishable by fine not less than two hundred dollars or imprisonment in the county jail not less than four months.”
In State v. Mulkey, 6 Idaho, 617, 59 Pac. 17, the contention was made that the anti-gambling law was…
2Cases cited2 opinions
- State v. MulkeyIdaho Supreme Court · 1899
- In re RowlandIdaho Supreme Court · 1902
3Cited by5 opinions
- Rasmussen v. Zundel, Sheriff, Etc.Utah Supreme Court · 1926
- In re MillerIdaho Supreme Court · 1913
- In re MillerIdaho Supreme Court · 1913
- State v. CarringerIdaho Supreme Court · 1974
- State v. CarringerIdaho Supreme Court · 1974