State v. Fair
353 P.2d 615
Utah
1960
Check Treatment

*1 365 apartments, places rooms, with or or other Affirmed. No costs awarded. accommodations, that furnish lodging very WADE, nature service, by HENRIOD,

character of its McDONOUGH signs or posting and they must, by CALLISTER, advertising, JJ., concur. to the known

in it some manner make they and they operating, are

public so that tax, by whatever subject to the be

would This in- may called. place be

title the apply it making the

terpretation of statute of type serv- that providing persons

to all uniformly all to applies it 353 P.2d 615 means that ice it invul- renders class and in the same STATE Utah, Respondent, of Plaintiff and discriminatory.4 being as nerable to attack v. may be some- so, it being the that That fact Tommy Appellant. FAIR, Otis Defendant and is no enforce police to and what difficult No. 9244. validity. to its barrier Supreme of Court Utah. adopted by the Tax The view July 1, 1960. harmony gen the is in with Commission- of con question relating rule to the eral all doubts

stitutionality that of statutes: of constitutiona

are to be resolved in favor spe rule

lity;5 that and a refinement of applicable there is doubt

cifically if here: uncertainty meaning to be

or as the to statute, would

given a one of which to the other con

make it and unconstitutional given be eff

stitutional, the latter should

ect.6 Mason, 601, 4. v. Pollution See State 94 Utah 78 6. State Water Control Board P. 920, 330; City, 247, 6 2d 117 A.L.R. Hansen v. Salt Lake Utah 2d v. 311 Employees 370; System, v. Retirement P.2d mission, Norville Tax Public etc., State Com 44, 170, 937, 122 Utah P.2d 98 Utah 97 246 591. P.2d 126 Ogden City 5. v. Newcomb Public A.L.R. School 1318. Comm., Teachers’ Retirement 121 Utah 503, 941; 243 P.2d Parkinson v. Wat- son, 191, 4 Utah 2d 291 P.2d 400. 366

any reasonably contention the defendant thereto, could appears make with respect it that the justified search and the evi- was dence was admissible. *2 McDONOUGH, J., in the con- concurs Gen., Atty. Salt Lake Budge, Walter L. curring opinion of Mr. Chief Justice Gen., Atty. Romney, Asst.

City, Vernon B. CROCKETT. appellant. for CALLISTER, Justice. appeals from conviction of his

Defendant drug,2 possession a narcotic of

unlawful was er certain evidence contending that 353 P.2d 909 ob illegally roneously admitted because Joseph Bridge, BRIDGE L. hus Ada and tained. wife, band and Plaintiffs and officers, acting police City Two Salt Lake Appellants, inform- an from upon received information v. cafe, local er, in a the defendant accosted BACKMAN, LeGrand P. Milton v. Backman Clark, Backman, They and Harlan W. him. and searched him outside took d/b/a Clark, Backman & Defendants and Re of in one marijuana cigarettes two found spondents. arrest. placed under him pockets and his No. 9197. whether necessary determine to is not It Supreme Court of Utah. this legal, because search not the was or July 7, 1960. evidence, that previously held has court obtained, admis- is illegally though even

sible.3

Affirmed. HENRIOD, JJ., concur. and

WADE

CROCKETT, (concurring). Chief Justice ground that under the the on concur

I by record, the disclosed and

circumstances Aime, 476, v. 62 704, 3. State Utah 220 P. 58-13a22, U.C.A.1953. 32 A.L.R. 375. 2.