State v. Rocky Mountain Elevator Co.
Montana Supreme Court
Appeal from District Court, Teton County; J. B. Leslie, Judge. Criminal Proceedings by tbe State against tbe Rocky Mountain Elevator Company for unfair discrimination under Chapter 8, Laws of 1913. From an order directing a verdict of not guilty, the State appeals. The information does not state facts sufficient to charge the defendant with an offense against the laws of the state of Montana. The offense with which the defendant is charged is purely statutory.
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Appeal from District Court, Teton County; J. B. Leslie, Judge. Criminal Proceedings by tbe State against tbe Rocky Mountain Elevator Company for unfair discrimination under Chapter 8, Laws of 1913. From an order directing a verdict of not guilty, the State appeals. The information does not state facts sufficient to charge the defendant with an offense against the laws of the state of Montana. The offense with which the defendant is charged is purely statutory. Nothing like it was known at the common law. Under such circumstances the statute' contains all the elements of the offense necessary…
1Opinion of the CourtJustice Holloway
The Bocky Mountain Elevator Company was charged by information with unfair discrimination under section 1, Chapter 8, Laws of 1913. Upon the issues raised by a plea of not guilty, the cause was brought to trial and the state introduced its evidence and rested. At the instance of the defendant the court directed the jury to return a verdict of not guilty, and from that order the state appealed.
The charging part of the information follows: “The above-named defendant being then and there a corporation doing business in the state of Montana, and engaged in the buying and selling of grain, a…
2Cases cited2 opinions
- City of Butte v. GoodwinMontana Supreme Court · 1913
- Marron v. Great Northern Railway Co.Montana Supreme Court · 1913
3Cited by11 opinions
- Herberson v. Great Falls Wood & Coal Co.Montana Supreme Court · 1929
- Hale v. Belgrade Co., Ltd.Montana Supreme Court · 1925
- In Re Bank's EstateMontana Supreme Court · 1927
- Warren v. Chouteau CountyMontana Supreme Court · 1928
- Williams v. Brownfield-Canty Co.Montana Supreme Court · 1933
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