Legal Opinion

State v. O'Brien

Montana Supreme Court

Decided June 17, 1907No. 2,400PublishedCited by 40 opinions

Appeal from, District Court. Ravalli County; F. C. Webster. Judge. W. P. 0 ’Brien was convicted of violating tbe local option law, and he appeals from the judgment of conviction and from an order denying him a new trial. The allegation that the local option law had become operative by reason of an election is purely a conclusion of law. The facts going to constitute such election and the facts necessary to put such law into operation should have been pleaded.

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Appeal from, District Court. Ravalli County; F. C. Webster. Judge. W. P. 0 ’Brien was convicted of violating tbe local option law, and he appeals from the judgment of conviction and from an order denying him a new trial. The allegation that the local option law had become operative by reason of an election is purely a conclusion of law. The facts going to constitute such election and the facts necessary to put such law into operation should have been pleaded. (Commonwealth v. Shelton, 99 Ky. 120, 35 S. W. 128; Commonwealth v. McCarty, 25 Ky.-Law Rep. 585, 76 S. W. 173; Commomuealth Y.’Cope,…

1Opinion of the CourtChief Justice Brantly

This cause originated in a justice’s court in Ravalli county, by the filing therein by one J. II. Croughan on May 27, 1905, of a complaint charging the defendant with the sale of spirituous and intoxicating liquor on May 20, 1905, in violation of Chapter X, Title VII, Part III, of the Political Code, known as the “local option law.” The charging part of the complaint is that the defendant “did then and there willfully and unlawfully directly sell and vend to said J. H. Croughan spirituous and intoxicating liquor, contrary to the provisions of Chapter X, Title VII, Part III, of the Political…

2Cases cited24 opinions

  1. Olive v. StateNebraska Supreme Court · 1881
  2. State v. SearcyMissouri Court of Appeals · 1890
  3. State v. TigheMontana Supreme Court · 1903
  4. State v. . CooperSupreme Court of North Carolina · 1888
  5. People v. AdamsMichigan Supreme Court · 1893

19 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Fitzpatrick v. StateMontana Supreme Court · 1981
  2. State v. MoranMontana Supreme Court · 1963
  3. Robinson v. StateSupreme Court of Florida · 1915
  4. State v. ParrMontana Supreme Court · 1955
  5. In Re MooreCalifornia Court of Appeal · 1924

35 more not listed; retrieve them via the Exa API.

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