People v. Braisted
| Decision Date | 09 October 1899 |
| Citation | 58 P. 796,13 Colo.App. 532 |
| Parties | PEOPLE v. BRAISTED. |
| Court | Colorado Court of Appeals |
Appeal from Delta county court.
Action in a police court by the town of Delta, in the name of the people of the state, against Horace K. Braisted, to recover a penalty. From a judgment for plaintiff, defendant appealed to the county court, which discharged defendant, and the people appeal. Affirmed.
King & Robertson and Fairlamb & Dickerson, for the People.
R.M Logan, for appellee.
This suit was instituted by the town of Delta, in the name of the people of the state of Colorado, to recover a penalty for the alleged violation by the defendant of an ordinance of the town prohibiting the sale by a druggist, not having a permit from the board of trustees, of spirituous or intoxicating liquors. The defendant was a druggist, and had no permit. It seems that a Mrs. Dixon gave the complaining witness, Mrs Garland, an order for a pint of alcohol, and the money to pay for it. To whom the order was addressed, does not appear. Mrs. Garland took the order to Mr. Fairlamb, the town attorney of Delta, who instructed her to purchase the liquor upon the order, giving her the money to pay for it, the money received from Mrs. Dixon to be returned to her, as was afterwards done; and, if the liquor was purchased at all, it was purchased with Fairlamb's money. So far as appears the sole object the attorney had in view was to procure a violation of the ordinance, in order that a prosecution might be instituted against the offender, and a penalty recovered from him. In pursuance of her instructions, Mrs. Garland went to the defendant and presented the order. She said he sold her the alcohol, and he said he did not. Whether he did or not, she made complaint that he did, and had him brought before the police magistrate to answer the charge. That officer found him guilty, and adjudged a fine against him of $25. He appealed to the county court, where he was discharged, and the town appeals to us from the judgment of that court.
The evidence leaves it very doubtful whether the defendant sold Mrs. Garland any alcohol. Upon the question whether he did or not, the court made no finding. It simply held that the town could not recover a penalty for a violation of its ordinance instigated and procured by its officer. It is entirely clear that the liquor, if it was purchased at all, was not purchased for the private use of...
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State v. White
...into the commission of the alleged offense by officers of the county. (Wilcox v. People, 17 Colo. App. 109, 67 P. 343; People v. Braisted, 13 Colo. App. 532, 58 P. 796; State v. Hull, 33 Ore. 56, 72 Am. St. 694, 54 159; People v. Collins, 53 Cal. 185; Speiden v. State, 3 Tex. App. 156, 30 A......
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City of Canon City v. Merris
...of City and County of Denver, 123 Colo. 539, 234 P.2d 1055; Walton v. City of Canon City, 13 Colo.App. 77, 56 P. 671; People v. Braisted, 13 Colo.App. 532, 58 P. 796. In other cases the court has regarded the action quasi-criminal in nature. Noland v. People, 33 Colo. 322, 80 P. 887; De Wee......
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State v. Chacon
...defendant's requested instruction No. 1, or some similar instructions. (State v. McCornish, 59 Utah 58, 201 P. 637; People v. Braisted, 13 Colo. App. 532, 58 P. 532, citing Conner v. People, 18 Colo. 373, 36 Am. 295, 35 P. 159, 25 L. R. A. 341; People v. Wilcox, 17 Colo. App. 109, 67 P. 343......
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De Graff v. State
... ... fourth amendment of the Constitution of the United States, ... which is as follows: "Article IV (30). The right of the ... people to be secure in their persons, houses, papers, and ... effects, against unreasonable searches and seizures, shall ... not be violated, and no ... Counsel cited the following authorities in support ... of their motion: Wilcox v. People, 17 Colo. App ... 109, 67 P. 343; People v. Braisted, 13 Colo. App ... 532, 58 P. 796; Ford v. City of Denver, 10 Colo ... App. 500, 51 P. 1015; Saunders v. People, 38 Mich ... 218; Wright ... ...