City of Yankton v. Douglass
South Dakota Supreme Court
Error to circuit court, Yankton county. Hon. E. G. Smith, Judge. Defendant was convicted of keeping a tippling shop in violation of a city ordinance, and brings error. The facts are stated in the opinion. The complaint was insufficient as to form and matter, and did not state an offense.
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Error to circuit court, Yankton county. Hon. E. G. Smith, Judge. Defendant was convicted of keeping a tippling shop in violation of a city ordinance, and brings error. The facts are stated in the opinion. The complaint was insufficient as to form and matter, and did not state an offense. State v. Burchard, 4 S. D. 548, 57 N. W. 491. An information or a complaint for a statutory misdemeanor or a police offense, is not governed by the rules that apply to an indictment for a higher offense, either as to certainty or particularity, but much less strictness is required. 10 Am. & Eng. Encyc. Law,…
1Opinion of the CourtCorson, P. J.
Defendant was convicted, in justice court, for violating a city ordinance. Upon appeal to the circuit court, the action was tried anew, resulting in conviction and judgment, against him. He brings the case hqre for review upon writ of error.
It is contended that the -facts stated in the complaint do not constitute an offense under the ordinance alleged to have *442been violated. Omitting the title, such complaint is as follows: “August Seibert, being by me duly sworn, on oath complains and charges that the defendant, Thomas Douglass, at the said city and county of Yankton, on the 17th day of…
2Cases cited9 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- People v. HanrahanMichigan Supreme Court · 1889
- Rogers v. JonesNew York Supreme Court · 1828
- City of Emporia v. VolmerSupreme Court of Kansas · 1874
- Mayor v. AllaireSupreme Court of Alabama · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Sioux Falls v. PetersonSouth Dakota Supreme Court · 1946
- City of Fargo v. GlaserNorth Dakota Supreme Court · 1932
- City of Yankton v. DouglassSouth Dakota Supreme Court · 1896