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State v. Charan

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eBook details

  • Title: State v. Charan
  • Author : Court of Appeals of Idaho
  • Release Date : January 03, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Walter J. Reiner, a police magistrate of the city of Bloomington, was indicted by the McLean County grand jury for palpable omission of duty. (Ill. Rev. Stat. 1953, chap. 38, par. 449.) The indictment charged that the defendant, as police magistrate, entered a judgment convicting one Lyle Casali of driving while drunk in violation of an ordinance of the city of Bloomington, but that the defendant did not report the conviction to the Secretary of State as it was his duty to do under the Drivers License Act. (Ill. Rev. Stat. 1953, chap. 95 1/2, par. 73.32.) Defendant moved to quash the indictment on the ground that the Drivers License Act is unconstitutional and because of alleged technical defects in the indictment. The circuit court held the statute unconstitutional and entered judgment quashing the indictment. The State has appealed.


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