Lustig v. People
Supreme Court of Colorado
Mrror to the County Court of JSl Paso County. This prosecution was commenced in tbe county court, by the filing of an information by the district attorney, charging the plaintiffs in error with keeping open a tippling house on the Sabbath day, contrary to law. The information was not sworn to by the district attorney, neither was it founded upon any preliminary examination previously held, nor upon the oath of any individual.
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Mrror to the County Court of JSl Paso County. This prosecution was commenced in tbe county court, by the filing of an information by the district attorney, charging the plaintiffs in error with keeping open a tippling house on the Sabbath day, contrary to law. The information was not sworn to by the district attorney, neither was it founded upon any preliminary examination previously held, nor upon the oath of any individual. Upon this information a warrant was issued upon which plaintiffs in error were arrested and brought into court. A motion to quash the indictment was afterward interposed…
1Opinion of the CourtChief Justice Hayt
Authority to institute the prosecution by information is claimed under section 1 of an act entitled, “ An Act to confer original jurisdiction upon county courts in misdemeanor cases.”
“ Section 1. Original jurisdiction is hereby conferred upon the county courts in each of the several counties of this state, in cases of misdemeanor, and such courts shall hereafter be empowered to try such cases upon information by the district attorney of the district in which such counties are situated.” Session Laws, 1889, p. 101.
It is claimed that under this provision the information need not necessarily be…
2Cases cited2 opinions
- United States v. PoliteDistrict Court, D. South Carolina · 1888
- United States v. SmithU.S. Circuit Court for the District of Eastern Virginia · 1889
3Cited by8 opinions
- Weeks v. United StatesCourt of Appeals for the Second Circuit · 1914
- People v. ClarkIllinois Supreme Court · 1917
- State v. GottliebNorth Dakota Supreme Court · 1910
- Solt v. PeopleSupreme Court of Colorado · 1954
- Stubert v. County Court for County of JeffersonSupreme Court of Colorado · 1967
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