State v. Smith

Defendant was convicted in the municipal court, city of Sioux Falls, upon a charge of selling intoxicating liquor without a license and from the judgment of conviction he appeals.

On February 3, 1944, defendant was brought before the court for arraignment, at which time he demanded a jury trial. Defendant was held to answer on January 31, 1944, and the information was filed on February 3, 1944. Counsel for defendant insisted that the action was not triable at the February term, which convened on the first day of that month. This contention was based upon the provisions of SDC 34.3304 which…