State Ex Rel. Ely v. Falls Cities Amusement Co.

The Court of Appeals based its judgment upon its interpretation of the agreed statement of facts as falling short of showing a violation of the penal laws of the state, pursued wilfully, habitually and persistently; and in view of the stipulation of the duration of time consumed and the number of transactions constituting the wilful, habitual and persistent violation of law, the conclusion of that court is not illogical.

In the presentation of the case here, however, counsel for the defendant in error requested that the cause be considered as though the operation of the so-called “mart” under…