State v. Brunello
Decision Date | 19 December 1946 |
Docket Number | 7313 |
Parties | STATE v. BRUNELLO |
Court | Idaho Supreme Court |
Appeal from District Court, Third Judicial District, Ada County Charles E. Winstead, Judge.
Reversed and remanded.
Charles F. Reddoch and James H. Hawley, both of Boise, for appellant.
Frank Langley, Atty. Gen., J. R. Smead, Asst. Atty. Gen., James W Blaine, Pros. Atty., and C. Stanley Skiles, City Atty., both of Boise, for respondent.
The appellant, Louis Brunello, was on January 14, 1946, charged with permitting the unlawful sale of intoxicating liquor in violation of Section 4-805 of the Boise City Code of 1936, and upon being arrested interposed a demurrer, which was, by the city magistrate of Boise City, overruled. Thereafter appellant was tried by such magistrate and assessed a fine of $ 300 and given 30 days imprisonment in the city jail, from which he appealed to the district court of Ada County, and his demurrer there likewise overruled and a demand for a jury trial denied. After trial he was adjudged guilty and ordered imprisoned in the city jail 15 days and assessed a fine of $ 150 from which he prosecutes this appeal.
This case was argued and finally presented to this court at the same time as the case of State v. Romich, 67 Idaho 229, 176 P.2d 204, just decided and involves the same questions except the Romich case is a prosecution for the unlawful sale of intoxicating liquor in violation of Section 4-804, Boise City Code, while the instant case is a prosecution for permitting the unlawful sale of intoxicating liquors in violation of Section 4-805, Boise City Code. A jury trial was in both cases denied in the district court on appeal from the municipal court, and both cases involve the legality of Section 4-806, Boise City Code, under the provisions of which sentence was imposed.
The principal question involved in this case and not also presented in the Romich case is appellant's contention that Section 4-805 of the Boise City Code defining the offense of permitting the unlawful sale of intoxicating liquors has taken one act or omission and segregated it into more than one offense, thereby making a classification inconsistent with the statutes of the State of Idaho.
Section 4-805 of the Boise City Code provides:
Section 17-204, I.C.A., provides in part as follows:
Sections 42 and 42 (1) of the Boise City Charter Chapter 215, § 6, of the 1939 Session Laws of Idaho provide:
To continue reading
Request your trial-
State v. Bennion
...views belonged only to himself. and [112 Idaho 36] its progeny, State v. Leonard, 67 Idaho 242, 176 P.2d 214 (1946); State v. Brunello, 67 Idaho 242, 176 P.2d 212 (1946); State v. White, 67 Idaho 309, 177 P.2d 472 (1947); and Miller v. Winstead, 75 Idaho 262, 270 P.2d 1010 (1954). In these ......
-
Clyde Hess Distributing Co. v. Bonneville County, 7432
...42 Idaho 522, 247 P. 740; Clark v. Alloway, 67 Idaho 32, 170 P.2d 425; State v. Musser, 67 Idaho 214, 176 P.2d 199; State v. Brunello, 67 Idaho 242, 176 P.2d 212; Mann v. Scott, 180 Cal. 550, 182 P. 281; Ex Iverson, supra. We conclude that the regulation in question is not in conflict with ......
-
Miller v. Winstead
...State v. Romich, 67 Idaho 229, 176 P.2d 204, and the companion cases of State v. Leonard, 67 Idaho 242, 176 P.2d 214, and State v. Brunello, 67 Idaho 242, 176 P.2d 212, all decided by this court in December, 1946, and later the case of State v. White, 67 Idaho 309, 177 P.2d 472, decided on ......