Reports of Cases Determined in the Supreme Court of the State of ..., volume 14

Cover Reports of Cases Determined in the Supreme Court of the State of ..., volume 14
Reports of Cases Determined in the Supreme Court of the State of ..., volume 14
Colorado. Supreme Court
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175, was a con- viction upon an indictment by the grand jury in the dis- trict court of Arapahoe county for the offense of keeping open a tippling-house on Sunday. Upon error in this court, it was decided that the accused was entitled to show that the house so kept was located within the corporate limits of the city of Denver; that the city had assumed jurisdiction over the entire subject pertaining to such houses, by the enactment of certain ordinances in pursu- ance of the charter giving the ...city council exclusive power within the city to license, tax, regulate, restrain, prohibit and suppress tippling-houses; and so it was held that " the amended charter of the city of Denver, and the ordi- nances passed thereunder, afford the defendant protec- tion against this prosecution," — the court declaring that the ** jurisdiction of the city was exclusive as to the whole subject-matter of the offense," and also that it seemed ** impossible that a concurrent jurisdiction to re- strain tippling-houses can exist in the state and in the city as well.

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