(DOWNLOAD) "State v. Wright" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: State v. Wright
- Author : Supreme Court of Montana
- Release Date : January 13, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Criminal Law — Appeal by State — When Unauthorized. Criminal Law — Right of State to Appeal Statutory — Statute Granting Right to be Strictly Construed. 1. The right of the state to appeal in criminal cases does not exist unless expressly conferred by the Constitution or by statute, and then the right is restricted to such matters as are clearly within the express language granting the right, i.e., the enactment must be strictly construed. Same — Violation of Plumbers License Law — Appeal by State from Judgment Holding Act Unconstitutional and Discharging Defendant Does not Lie. 2. Defendant was convicted in a justice court of engaging in the business of plumbing without obtaining a license (secs. 5183 et seq., Rev. Codes 1921); he appealed to the district court where, after trial, the court entered judgment that the statute in question was unconstitutional and discharged defendant. The state appealed. Held, that the judgment does not fall within any one of the provisions of section 12108, Revised Codes of 1921, granting the state the right of appeal in a criminal case, and appeal dismissed.
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