Legal Opinion

State v. Rosenthal

Supreme Court of Vermont

Decided May 30, 1903PublishedCited by 8 opinions

Complaint for violation of an ordinance of the City of Rutland. Heard on respondent’s demurrer to the complaint, in the Municipal Court of that city, Howe, Judge. Demurrer overruled pro forma, and complaint adjudged sufficient. The respondent excepted.. The ordinance in question was passed under the general clause of the city charter, and not by special authority conferred. V. S. 4922, 4923, 4924, 4925 and 4926 cover the subject matter of carrying weapons in this State.

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Complaint for violation of an ordinance of the City of Rutland. Heard on respondent’s demurrer to the complaint, in the Municipal Court of that city, Howe, Judge. Demurrer overruled pro forma, and complaint adjudged sufficient. The respondent excepted.. The ordinance in question was passed under the general clause of the city charter, and not by special authority conferred. V. S. 4922, 4923, 4924, 4925 and 4926 cover the subject matter of carrying weapons in this State. The ordinance is inconsistent with, and repugnant to, these statutes, and therefore void. 1 Dil. Mun. Corp'., s. 319; Wood…

1Opinion of the CourtWatson, J.

Section 10 of the ordinances of the city of Rutland provides that no person shall carry within the city any steel or brass knuckles, pistol, slung-shot, stiletto, or weapon of similar character, nor carry any weapon concealed on his person, without permission' of the mayor or chief of police, in writing, and for a violation thereof a penalty is provided by a subsequent section.

A complaint was filed against the respondent, in the City Court, for carrying within the city, in violation of said ordinance, a pistol loaded with powder and bullets, concealed on his person, without such permission.

On…

2Cases cited1 opinion

  1. State v. CarltonSupreme Court of Vermont · 1876

3Cited by8 opinions

  1. State v. HamdanWisconsin Supreme Court · 2003
  2. State Ex Rel. City of Princeton v. BucknerWest Virginia Supreme Court · 1988
  3. City of Las Vegas v. MobergNew Mexico Court of Appeals · 1971
  4. State v. KeetSupreme Court of Missouri · 1916
  5. State v. Max MischSupreme Court of Vermont · 2021

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