State v. Boughner
South Dakota Supreme Court
Error to circuit court, Codington county, Hon. A. W. Campbell, Judge. S. N. Boughner was convicted of selling liquors illegally and brings error. The facts are stated in the opinion. A defendant should have reasonable notice of the witnesses by whom it is expected the indictment is to be sustained. Comp. Laws, §7236; State v. Stearns, 1 S. D. 480; Const. Art. 6, § 2. In criminal cases the jury are the judges of the law, as well as the facts. State v. Croteau, 54 Am.
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Error to circuit court, Codington county, Hon. A. W. Campbell, Judge. S. N. Boughner was convicted of selling liquors illegally and brings error. The facts are stated in the opinion. A defendant should have reasonable notice of the witnesses by whom it is expected the indictment is to be sustained. Comp. Laws, §7236; State v. Stearns, 1 S. D. 480; Const. Art. 6, § 2. In criminal cases the jury are the judges of the law, as well as the facts. State v. Croteau, 54 Am. Dec. 90; Patterson v. State, 44 Am. Dec. 530. The law under which this action is brought is unconstitutional because it embraces…
1Opinion of the CourtCorson, P. J.
The plaintiff in error was indicted by the grand jury of Codington county for selling intoxicating liquors, tried and convicted, and has sued out a writ of error to obtain a reversal of same. The material part of the indictment, omitting all formal parts, is as follows: “The grand jury of the state of South Dakota, in and for the county of Codington, * * * on their oath do charge and present that one S. N. Boughner, late of said county, on the 4th day of July, A. D. 1893, and at divers other days both before and after said date, did, at and in the county of Codington and state aforesaid,…
2Cases cited6 opinions
- State v. BeckerSouth Dakota Supreme Court · 1892
- Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
- State v. AbrahamsSupreme Court of Iowa · 1858
- People v. JocelynCalifornia Supreme Court · 1866
- State v. O'DaySupreme Court of Missouri · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. ReddingtonSouth Dakota Supreme Court · 1895
- State v. WilliamsSouth Dakota Supreme Court · 1898
- State v. ChurchSouth Dakota Supreme Court · 1894
- State v. CambronSouth Dakota Supreme Court · 1905
- City of Deadwood v. AllenSouth Dakota Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.