State v. Schmitz
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Prosecution for violation of the local option statute. Defendant was convicted and appeals. “An indictment under the loeal option law must show that the law was in force in the jurisdiction.” (2 Current Law, 569, and cases cited note 98.) “The court, under Code Civ.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Prosecution for violation of the local option statute. Defendant was convicted and appeals. “An indictment under the loeal option law must show that the law was in force in the jurisdiction.” (2 Current Law, 569, and cases cited note 98.) “The court, under Code Civ. Proe., see. 3150, specifying the facts the courts must take judicial notice of, cannot take notice of the fact that a local option election has been held in a particular county.” (State v. O’Brien, 35 Mont. 482, 90…
1Opinion of the CourtAilshie, Presiding J.
The appellant was convicted in the district court of Washington county for aiding and abetting Joseph Lorton, a druggist, in the unlawful sale of intoxicating liquors. The charging part of the information is as follows:
“That the said C. E. Schmitz, at Washington county, Idaho, on or about the 4th day of February, 1910, then and there being, and being then and there a duly licensed physician in this state, did unlawfully aid and abet an unlawful sale of intoxicating liquor to one Lem Wilkerson, by then and there writing for the said Lem Wilkerson a certain alleged *569prescription for whisky, with…
2Cases cited2 opinions
- State v. O'BrienMontana Supreme Court · 1907
- State v. JordanIdaho Supreme Court · 1911
3Cited by7 opinions
- State v. O'NeilIdaho Supreme Court · 1913
- State v. GutkeIdaho Supreme Court · 1914
- People v. MuellerCalifornia Supreme Court · 1914
- Cornell v. MasonIdaho Supreme Court · 1928
- State v. LewisMontana Supreme Court · 1923
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