Territory v. Pratt
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Spink county; Hon. L. W. Croeoot, Judge. The repeal of a statute creating an offense sweeps away all penalties incurred for its violation during its existence. State v. Gumber, 37 Wis. 298, 302; Wells v. State, 5 S. W. Eep. 830; Whisenhunt v. State, 18 Tex.
Read the full summary
APPEAL from the district court, Spink county; Hon. L. W. Croeoot, Judge. The repeal of a statute creating an offense sweeps away all penalties incurred for its violation during its existence. State v. Gumber, 37 Wis. 298, 302; Wells v. State, 5 S. W. Eep. 830; Whisenhunt v. State, 18 Tex. App. 491. Two questions arise : Does the “ Local Option Law,” chap. 70, Laws of 1887, create an offense ? Does the vote of 1888 act as a repeal of it in Spink county ? The statute is susceptible of two constructions: 1. That it creates, defines and provides for the punishment of á crime, that is, makes the…
1Opinion of the CourtAikens, J.
The plaintiff in error was indicted, tried and convicted for selling intoxicating liquors without a license. The indictment recited facts leading up to the adoption in Spink county, on November 8, 1887, of what is commonly termed “ the local option law,” and in addition charged that the defendant, on the 22d day of October, 1888, did sell intoxicating liquor in said county in less quantities than five gallons, to-wit, one-half pint of whisky, to one Peter Parsons, without any authority or license therefor.
No motion was made by the defendant affecting the indictment, and a jury was impaneled…
2Cases cited2 opinions
- Territory of Dakota ex rel. McMahon v. O'ConnorSupreme Court Of The Territory Of Dakota · 1889
- United States v. NoelkeU.S. Circuit Court for the District of Southern New York · 1880
3Cited by9 opinions
- Lewinsohn v. United StatesCourt of Appeals for the Seventh Circuit · 1921
- State ex rel. Ohlquist v. SwanNorth Dakota Supreme Court · 1890
- State v. CondonSouth Dakota Supreme Court · 2007
- Shivers v. Territory of OklahomaSupreme Court of Oklahoma · 1903
- State v. MudieSouth Dakota Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.