The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-06-05
necessarily be reversed for the reason
that there 10 nothing to support it,"
The state of Montana ex rel Fannie

that there 10 nothing to support it,"
The state of Montana ex rel Fannie
Hendricks, relator, vs.. The Seventh Judi
cial District court, RESPONDENT. Judgment
modified all coucurring. This 10 case
from Custer county wherein Fannie Hem
bricks was assessed penalty OF $500 hne
and three months imprisonmsnt for
maintaining o common law nuisance.
Tho states council contends that the
judgment Of imprisonment 10 warranted
by Section 27s, criminal laws Of this state,
which provides that upon conviction OF a
misdemeanor at common law, not other
wise provided for in the criminal code,
the punishment shall be by imprisonment
In the county jail for term not excseding
six months nor less than one month, or by
. fine not exceeding $500, or by BOTH"
ut appears that the court proceeded
upon this latter provision OF the statute in
passing sentence, but it is very clear that
said section does not apply 10 tue offense
OF maintaing a common law nuisance be-
cause the penalty is especially provided
for in section l6a supra.
There is no conflict In these statutes,
because section 27s provides tho penalty
in case OF conviction Of common law mis-
demeanors not otherwise provided for in
the criminal code. That provision, then,
by its own terms does not apply to the
offense Of maintaining q common nui-
sance, because the statute otherwise pro-
vides the penalty for that offense."
State OF Montana VS.. Charles Marion
and H. S. Barnett. Judgment confirmed,
all concurring. This is the famous so
called sheer hall case"
Appellants counsel insist that the In.
dictment upon which conviction was had
charges two offenses and 10 thereby void.
The court finds that the indictment does
not charge two offenses, but charges one
offense Of selling intoxicating liquors, in O
place described, where the women men,
toned were employed and assembled for
the purpose of tho business then carried
on.
"The indictment charges but ono crimi.
nal act, that is the selling OF intoxicating
liquors, under the conditions alleged, but
the indictment describes the women men,
toned as sustaining two relations to the
place, that Of employment, and assem-
blage for the purpose Of the business
where the liquor was sold. The presence
OF both conditions, or either, at the time
and place Of selling the intoxicating
liquor, makes the act Of selling crimina
under said statute" Certain alleged
irregularities as to the endorsement oi
the indictment were overrulsd, as wal
also the claim that the judgment OK
ceeded the jurisdiction Of the court.
The state VS.. Neill McGinnis and Petsl
Hanson We. Frank II. Woody was decided
according to the above on the sam,
grounds.
The state ex rel Kate Mccormick vs
Frank H. Woody. Writ denied, all con
curing. This is an application for wri
Of prohibition to prevent the respondent
judge of the Fourth judicial district court
from trying proceeding in an applica
tion of some Of the creditors Of the estat,
Of W. j. Mccormick, deceased, for tn,
removal Of the relat as administrator, OF
tho ground Of disqualification, Wood,
having been for long time attorney TO
the relator. The court rules that Judg,
Woody has never been an attorney OF o
counsel for either party In tho action O
proceeding which the relator wants hin
prohibited from trying.