Wettengel v. City of Denver
Supreme Court of Colorado
¡Error to the County Court of Arapahoe County. The plaintiff in error was found guilty in the police court of the city of Denver of the violation of an ordinance of said city which prohibited the distributing of handbills and circulars upon the streets. He appealed to the county court of Arapahoe county, and upon trial there, before the court and a jury, was also found guilty and sentenced to pay a fine of three dollars and costs of the prosecution.
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¡Error to the County Court of Arapahoe County. The plaintiff in error was found guilty in the police court of the city of Denver of the violation of an ordinance of said city which prohibited the distributing of handbills and circulars upon the streets. He appealed to the county court of Arapahoe county, and upon trial there, before the court and a jury, was also found guilty and sentenced to pay a fine of three dollars and costs of the prosecution. From that judgment he brings the case to this court upon writ of error. Section 2 of the ordinance upon which this prosecution was based is as…
1Opinion of the CourtJustice Campbell
There are a number of errors assigned, the principal one of which is the invalidity of the ordinance. There are, however, two other questions which will be considered, the determination of which will work a reversal of this judgment; but inasmuch as there are a number of cases pending in the court below which depend upon the decision in this, we have concluded to determine the main point involved and pass upon the constitutionality of the ordinance.
The evidence tends to show that on the night of August 6, 1890, on Larimer street, in the city of Denver, between 18th and 19th streets, the…
2Cases cited3 opinions
- In re FrazerMichigan Supreme Court · 1886
- People v. ArmstrongMichigan Supreme Court · 1889
- Lee v. StahlSupreme Court of Colorado · 1886
3Cited by7 opinions
- Prior v. WhiteSupreme Court of Florida · 1938
- Town of Green River v. Fuller Brush Co.Court of Appeals for the Tenth Circuit · 1933
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1938
- Kunz v. NelsonUtah Supreme Court · 1938
- Committee for Industrial Organization v. HagueDistrict Court, D. New Jersey · 1938
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