State v. Maguire
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Appellant was convicted of maintaining a common nuisance in a prohibition district. The state cannot prove against the defendant any crime not alleged, either as the foundation for separate punishment or for the purpose of aiding to prove that he is guilty of the one charged.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Appellant was convicted of maintaining a common nuisance in a prohibition district. The state cannot prove against the defendant any crime not alleged, either as the foundation for separate punishment or for the purpose of aiding to prove that he is guilty of the one charged. (People v. Molineux, 168 N. Y. 264, 61 N. E. 286, 62 L. R. A. 193, and note which reviews the authorities; 2 Woolen and Thornton on Intoxicating Liquors, sec. 931; State v. Gillies, 40 Utah, 541, 123- Pac.…
1Opinion of the CourtRice, J.
Martin J. Maguire was convicted of the crime of maintaining and assisting in maintaining a common nuisance, committed by occupying, maintaining and controlling a place in a prohibition district where intoxicating liquors were kept for sale, delivery, distribution or disposal in violation of law.
There are six assignments of error. The first assignment is that the court erred in denying defendant’s motion to quash the information, and the second is that the court erred in overruling defendant’s demurrer.
In order to procure a review of the order of the trial court in refusing to set aside an…
2Cases cited16 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- State v. O'NeilIdaho Supreme Court · 1913
- State v. BakerIdaho Supreme Court · 1916
- State v. RenoSupreme Court of Kansas · 1889
- Warren v. StoddartIdaho Supreme Court · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- State v. WilsonIdaho Supreme Court · 1932
- State v. MundellIdaho Supreme Court · 1945
- Hurt v. Monumental Mercury Mining Co.Idaho Supreme Court · 1922
- State v. JurkoIdaho Supreme Court · 1926
- State v. CoslerIdaho Supreme Court · 1924
41 more not listed; retrieve them via the Exa API.