Legal Opinion

State v. Hofer

South Dakota Supreme Court

Decided August 23, 1917No. File No. 4220Published

Appeal from Circuit Court, Clay County. Hen. Robert B. Tripp, Judge. The defendant, J. D. Hofer, was convicted of unlawfully engaging in the business of selling intoxicating liquors, and from the judgment, and from an order denying a new trial, he-appeals. (1) To point one of the opinion, Respondent cited: Gagnier v. Fargo (N. D.) 96 N. W. 841, 843. (2) To point two of the opinion, Respondent cited: Rule 21, Circuit Courts ;• Code Civ.

Read the full summary

Appeal from Circuit Court, Clay County. Hen. Robert B. Tripp, Judge. The defendant, J. D. Hofer, was convicted of unlawfully engaging in the business of selling intoxicating liquors, and from the judgment, and from an order denying a new trial, he-appeals. (1) To point one of the opinion, Respondent cited: Gagnier v. Fargo (N. D.) 96 N. W. 841, 843. (2) To point two of the opinion, Respondent cited: Rule 21, Circuit Courts ;• Code Civ. Proc., Sec. 257; State v. Sutterfield, 22 S. D. 584, 119 N. W. 548; 12 Cyc. 667; State v. Uren (S. D.) 162 N. W. 745; 2 Stand. Ency. Proc. 285.

1Opinion of the CourtGates, P. J.

Defendant was convicted under an information charging him with the crime of unlawfully engaging in the business of selling intoxicating liquors. From the judgment and order denying a new trial he appeals.

Appellant assigns as error the overruling of an objection to the introduction of any evidence for the reason that the information was insufficient to charge a public offense or to apprise him of the nature and the cause of the accusation against him. It is not pointed out in appellant’s brief wherein the information was defective. The information is in the form which has been repeatedly…

2Cases cited7 opinions

  1. State v. WilliamsSouth Dakota Supreme Court · 1898
  2. Gagnier v. City of FargoNorth Dakota Supreme Court · 1903
  3. State v. MudieSouth Dakota Supreme Court · 1908
  4. State v. ElySouth Dakota Supreme Court · 1908
  5. State v. McIvennaSouth Dakota Supreme Court · 1907

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API