State v. Nicholls
Oregon Supreme Court
From Lane: .Robert Gr. Morrow, Judge. Statement by Mr. Justice Burnett. Leigb E. Nicholls was convicted of violating the Sunday law in Justice’s Court, and he appealed to the Circuit Court, where a demurrer to the complaint was sustained.
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From Lane: .Robert Gr. Morrow, Judge. Statement by Mr. Justice Burnett. Leigb E. Nicholls was convicted of violating the Sunday law in Justice’s Court, and he appealed to the Circuit Court, where a demurrer to the complaint was sustained. This case is founded upon a complaint which charges: “That the above-named Leigh E. Nicholls defendant, on the 18th day of October, A. D. 1914, in the county of Lane, State of Oregon, then and there being, did then and there wrongfully and unlawfully keep open for traffic a store then and there known as the Club Cigar Store, by then and there selling and…
1Opinion of the CourtJustice Burnett
1. The prosecution urges that the question which the defendant makes about the constitutionality of the act is not raised by the demurrer. With this contention we cannot agree. To sustain a conviction, the allegations accusing one of crime must impute to the defendant some act in contravention of a public law forbidding the same, and although there may be an enactment of the legislative power which upon its face prohibits the transaction in question, yet if the statute does not conform to the Constitution the former must be disregarded, leaving the criminal accusation without substantial…
2Cases cited1 opinion
- Ex parte NorthrupOregon Supreme Court · 1902
3Cited by9 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Broadbent v. GibsonUtah Supreme Court · 1943
- Elliott v. StateArizona Supreme Court · 1926
- Chan Sing v. AstoriaOregon Supreme Court · 1916
- Kirk v. OlgiatiTennessee Supreme Court · 1957
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