State v. Boughner
South Dakota Supreme Court
Error to circuit court, Codington county. Hon. A. W. Campbell, Judge. This case was first determined by this court in an opinion found in 5 S. D. 461, in which opinion a conviction of the defendant of the offense of selling liquors unlawfully was affirmed. A rehearing was afterwards granted.
1Opinion of the CourtCorson, P. J.
This case comes before us on rehearing, the opinion being reported in 59 N. W. 736, 5 S. D. 461. At the conclusion of the evidence for the state, which it was claimed tended to prove several distinct sales, the plaintiff in error moved the court to compel the state to elect upon which sale it would rely for a conviction. The motion was denied, and the counsel for the plaintiff in error duly excepted. In our opinion we arrived at the conclusion, from the evidence assumed to be before us, that there was really but one sale proven, upon which the jury would have been warranted in finding the…
2Cases cited2 opinions
- State v. BoughnerSouth Dakota Supreme Court · 1894
- State v. ValentineSouth Dakota Supreme Court · 1895
3Cited by1 opinion
- State v. PoullNorth Dakota Supreme Court · 1905