Legal Opinion

State v. Robitshek

Supreme Court of Minnesota

Decided January 21, 1895No. 9041PublishedCited by 20 opinions

Appeal from an order of the municipal court of Minneapolis, Holt, J., denying a motion for a new trial. Upon the complaint of a private individual, defendant was arraigned and found guilty of the offense of keeping his saloon for selling, liquor open on Sunday, after a former conviction for a similar offense.

1Opinion of the CourtCollins, J.

We are required in this case to determine the validity of that part of a section of an ordinance of the city of Min*124neapolis which provides that “no prosecution shall be commenced for the violation of this section or any provision thereof except upon complaint of a police officer of said city”; the court below having -disregarded such condition, and allowed a private individual to make the complaint on which defendant was tried and convicted of a violation of one of the provisions of the section. The question is whether the city council had the power to enact this clause, and thus prohibit its…

2Cases cited7 opinions

  1. State v. LeeSupreme Court of Minnesota · 1882
  2. State v. HarrisSupreme Court of Minnesota · 1892
  3. State ex rel. Erickson v. WestSupreme Court of Minnesota · 1889
  4. City of Mankato v. ArnoldSupreme Court of Minnesota · 1886
  5. City of St. Paul v. SmithSupreme Court of Minnesota · 1880

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3Cited by20 opinions

  1. Ogden v. City of MadisonWisconsin Supreme Court · 1901
  2. State v. EndSupreme Court of Minnesota · 1950
  3. State v. SugarmanSupreme Court of Minnesota · 1914
  4. City of St. Paul v. DiBucciSupreme Court of Minnesota · 1975
  5. State v. KettererSupreme Court of Minnesota · 1956

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