Legal Opinion

State v. Brennan

South Dakota Supreme Court

Decided December 22, 1891PublishedCited by 12 opinions

Error to county court, Minnehaha county. Hon. E. P arriman, Judge. Criminal proceedings charging defendant with the offense of keeping intoxicating liquors for sale as a beverage. Verdict of guilty and judgment thereupon entered. Defendant brings error to this court. The facts are fully stated in the opinion. The provisions of §§ 7241-9, Comp. Laws, are mandatory. An information should be entitled in some court having authority to receive it.

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Error to county court, Minnehaha county. Hon. E. P arriman, Judge. Criminal proceedings charging defendant with the offense of keeping intoxicating liquors for sale as a beverage. Verdict of guilty and judgment thereupon entered. Defendant brings error to this court. The facts are fully stated in the opinion. The provisions of §§ 7241-9, Comp. Laws, are mandatory. An information should be entitled in some court having authority to receive it. State v. Williams, 2 McCord 301; Man-zanwau-ne-ka v. U. S. 1 Pin. 124; State v. Sutton, 1 Humph. 281; U. S. v. Bebee, 2 Dak. 299; a defendant, in all…

1Opinion of the CourtBennett, J.

This is a criminal proceeding, based upon an information filed in the county court of Minnehaha county, charging the jfiaintiff in error with the offense of keeping for sale intoxicating liquors as a beverage, in a certain frame, one story building on Eighth street in Sioux Palls, S. D. Upon this information the plaintiff m error was tried and found guilty, and was sentenced to 60 days imprisonment in the county jail, and to pay a fine of $100. Before the trial was had, the plaintiff in error moved to quash the information, because (1) that the law under which he was prosecuted is a violation…

2Cases cited15 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  4. Beer Co. v. MassachusettsSupreme Court of the United States · 1878
  5. Powell v. PennsylvaniaSupreme Court of the United States · 1888

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

3Cited by12 opinions

  1. Banks v. StateSupreme Court of Alabama · 1921
  2. State v. HeftelSouth Dakota Supreme Court · 1994
  3. State v. FahnNorth Dakota Supreme Court · 1925
  4. City of Sioux Falls v. WalserSouth Dakota Supreme Court · 1922
  5. State v. Iron ShellSouth Dakota Supreme Court · 1971

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

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