¶1There are two cases by the same title, Nos. 2572 and 2582. In each the defendant was convicted of selling intoxicants to an Indian of the whole blood, and was, under Comp. Laws 1907, section 4298, sentenced to imprisonment in the state prison. He appeals and contends that that section in such particular was repealed by chapter 106, Laws 1911. The contention is well founded. State v. Carman, 44 Utah, 353, 140 Pac. 670. Under the former section the act charged is a felony, under the latter a misdemeanor. The only sentence, therefore, which the court was authorized *485to impose was for a misdemeanor. Tbe judgments imposing tbe sentences are reversed and vacated; tbe cases remanded, with directions that tbe defendant be required to appear before tbe district court for resentence under section 65, cbap. 106, Laws 1911.
44 Utah 484
State v. Justice
Decided May 28, 1914
Utah Supreme Court · decided 1914-05-28
<p>Indians — Intoxicating Liquobs — Statutes. Comp. Laws 1907, section. 4298, making the sale of intoxicating liquors to an Indian a felony, was repealed hy Laws 1911, chap. 106, regulating the traffic in intoxicating liquors and making its sale, etc., to an Indian a misdemeanor, so far as to make a sale to a full-blooded Indian a misdemeanor instead of a felony.1</p>
Good law ✅— No negative treatment on recordhow we know
Judgments reversed, AND cases remanded por ee-SENTENCE · Decided 1914-05-28
How this case has been cited
Cited by 3 later decisions (1 by the Supreme Court) — most recently July 1983
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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