In re Lockman
Idaho Supreme Court
Original application for writ of habeas corpus. Writ issued and bearing bad on return thereto. We do not believe that tbe statute interpreted by tbe usual rules by wbicb a well-educated man would interpret any writing can be called ambiguous, for we cannot conceive of any construction being correct which would limit the phrase “used as a beverage and produce intoxication,” to the preceding words describing mixed drinks.
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Original application for writ of habeas corpus. Writ issued and bearing bad on return thereto. We do not believe that tbe statute interpreted by tbe usual rules by wbicb a well-educated man would interpret any writing can be called ambiguous, for we cannot conceive of any construction being correct which would limit the phrase “used as a beverage and produce intoxication,” to the preceding words describing mixed drinks. If this statute is ambiguous, then we insist that the rule set forth in 26 Ency. of Law, at page 646 et seq., should be adopted. ‘ ‘ Statutes, in their nature penal, should…
1Opinion of the CourtAilshie, J.
The petitioner, Jacob Loekman, was arrested and taken before the probate court in Canyon .county, charged with selling intoxicating liquor in a prohibition district contrary to the local option statute. A preliminary examination was held, and the evidence taken has been made a part of the petition in this case. The petitioner insists that the complaint and depositions fail to show that he has committed any public offense, and that he is therefore held unlawfully and is entitled to his discharge. The undisputed evidence as developed at the preliminary examination shows that the petitioner sold…
2Cases cited11 opinions
- Campbell v. City of ThomasvilleCourt of Appeals of Georgia · 1909
- State v. FredericksonSupreme Judicial Court of Maine · 1905
- Luther v. StateNebraska Supreme Court · 1909
- Sawyer v. BottiSupreme Court of Iowa · 1910
- Stoner v. StateCourt of Appeals of Georgia · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jacob Ruppert v. CaffeySupreme Court of the United States · 1920
- Mead v. ArnellIdaho Supreme Court · 1990
- In Re SpeerIdaho Supreme Court · 1933
- Scott v. GossettIdaho Supreme Court · 1945
- State v. HemrichWashington Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.