State v. Lutey Bros.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John V. Dwyer, Judge. Prosecution by the State against Lutey Bros., a corporation, for a misdemeanor committed in the violation of the Trading Stamp Act. From a judgment of conviction, defendant appeals. If the facts as shown by the agreed statement do not bring the transaction in question within the wording of this statute as written, then the conviction of appellant must be reversed.
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Appeal from District Court, Silver Bow County; John V. Dwyer, Judge. Prosecution by the State against Lutey Bros., a corporation, for a misdemeanor committed in the violation of the Trading Stamp Act. From a judgment of conviction, defendant appeals. If the facts as shown by the agreed statement do not bring the transaction in question within the wording of this statute as written, then the conviction of appellant must be reversed. It must be within the letter of the law, and the law must be strictly construed, since it is penal in its nature. The rule that that is included which is within…
1Opinion of the CourtJustice Cooper
This is an appeal from a judgment of conviction in a criminal prosecution originally brought in a justice’s court of Silver Bow County, for a violation of Chapter 17, Laws of 1917, commonly known as the Trading Stamp Law, the title and section 1 of which read as follows:
*550“An Act to regulate the giving or furnishing of Bonuses or Premiums, such as the giving or furnishing of Stamps, Coupons, Tickets, Certificates, Cards, Gifts or Premiums, such as Crockery, Chinaware, Aluminumware, Tinware or anything else that may be included with or contained in Packages of any kind of Merchandise, of any…
2Cases cited6 opinions
- Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
- Tanner v. LittleSupreme Court of the United States · 1916
- Olson v. RossNorth Dakota Supreme Court · 1918
- State v. Aetna Banking & Trust Co.Montana Supreme Court · 1906
- State v. TuffsMontana Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Town of White Sulphur Springs v. VoiseMontana Supreme Court · 1959
- Burk v. Montana Power Co.Montana Supreme Court · 1927
- State v. RobbinsIdaho Supreme Court · 1938
- Union Interchange, Inc. v. AllenMontana Supreme Court · 1962
- In re MooreIdaho Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.