State v. Young

Christianson, Cb. J.

Tbe defendant was convicted in a justice’s court in Morton County of tbe crime of Sabbatb breaking. Tbe criminal complaint charged that tbe defendant, on July 4, 1937, in tbe .vicinity of Mandan in Morton county, North Dakota, “did wilfully, unlawfully, publicly sell and offer for sale and expose for sale, a com modity, to-wit: beer and intoxicating liquor upon tbe first day of tbe week in violation of tbe statutes in said case made and provided.”

Tbe defendant demurred to tbe complaint on tbe ground that tbe facts stated therein did not constitute a public offense. The…