(DOWNLOAD) "Brockway-Mecklenburg Co. v. Hilderman" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Brockway-Mecklenburg Co. v. Hilderman
- Author : Supreme Court of Montana
- Release Date : January 19, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
1. Gaming — Slot machines gaming devices. Slot machines are "gambling devices" and public nuisances and all persons are prohibited from running, conducting or keeping them. 2. Gaming — Component parts of gambling devices and disposition. A "bing" table with its green cloth, and "jack pot" wheel or drum with its yellow cards, and coin changer containing cash were all component parts of "gambling devices," and were contraband and subject to seizure and forfeiture, and all should have been held to be used as evidence on the trial and until after disposition of case, at which time it was duty of trial court to cause destruction of all such articles except the money, which should be deposited with county treasurer to be credited to proper fund, and coin changer, which, being capable of lawful possession and use, should be ordered sold. 3. Gaming — Order returning devices void. District court order on day following filing of information and before arraignment of defendants and before demurrer and plea and before disposition of case and without notice to state that seized gambling devices and other contraband articles be returned to defendants was void ab initio as contrary to statute and long-established public policy of state. 4. Indictment and information — Motion of bill of particulars should have been denied. In gambling prosecution, defendants motion for bill of particulars should have been denied, where affidavit filed by one defendant in support of application for return of seized gambling devices contained statement of full particulars concerning operation of devices and contained incriminating admissions which made out prima facie case for state. 5. Gaming — Hickey Law bans use of slot machines. The Hickey Law does not make it lawful for any person or any religious, fraternal or charitable organization or any private home to run, conduct or keep any slot machine, but expressly bans operation of any and all slot machines by any and all persons. 6. Gaming — Statute applies to all persons. The statute relating to licensing of slot machines prohibits all persons, including both natural and artificial persons, and all partnerships, corporations, associations and societies and all persons of every sort and kind from running, conducting or keeping any slot machines. 7. Licenses — Effect of paying license tax. The payment of a license or tax upon a business prohibited by statute is no justification for doing the forbidden act. 8. Gaming — Gaming apparatus public nuisance. Page 153 Any article, machine or apparatus maintained or kept in violation of gambling statutes is a public nuisance. 9. Judges — Personal feeling of judges. Judges must perform their official functions regardless of their personal feelings or sentiments. 10. Courts — Duty of Supreme Court. The Supreme Court, in the exercise of the superintending power conferred upon it by the Constitution, must secure to every litigant, including the state of Montana and its prosecuting officers, a fair and impartial trial and must see that impartial justice is meted out. 11. Criminal law — Jeopardy. Defendants charged with keeping and maintaining slot machines were not placed in jeopardy by judgment sustaining defendants demurrers to information. 12. Criminal law — Computing six months time for statutory dismissal of prosecution. The time elapsing from date of order sustaining defendants demurrer to information to date of remittitur of Supreme Court reversing order must be excluded from six months mentioned in statute providing for dismissal of prosecution against defendant who has not been brought to trial within six months after filing of information.