Legal Opinion

People v. Sweetser

Supreme Court Of The Territory Of Dakota

Decided June 15, 1876PublishedCited by 10 opinions

Writ of Error to the Yankton County District Court. DEFENDANTS were indicted in the court below for selling intoxicating liquors -to be drank in and upon the premises where sold, without first having obtained a license and given a bond as required by law.

Read the full summary

Writ of Error to the Yankton County District Court. DEFENDANTS were indicted in the court below for selling intoxicating liquors -to be drank in and upon the premises where sold, without first having obtained a license and given a bond as required by law. The indictment in each case charges that defendants, naming them, on a certain day — (being April 6th, 1876, in one, and March 15th, 1876, in the other) — “ at the city of Yankton, in the county of Yankton, aforesaid, did unlawfully and knowingly sell intoxicating liquors, to be drank in and upon the premises where sold, without first having…

1Opinion of the CourtBbNNett, J.

The questions involved in the determination of these two cases, being with one exception, identical, and having been argued and submitted as one cause, will be considered together in this opinion.

The statutes of this Territory, regulating the sale of intoxicating liquors, are in a somewhat confused condition; sufficiently so, perhaps, to justify counsel for plaintiffs in error in raising the question as to whether there is any offense created by them, or punishment attached to the violation of their provisions.

*311All statutes must be construed, if possible, so as to give them validity, force and…

2Cases cited10 opinions

  1. Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
  2. United States v. HollidaySupreme Court of the United States · 1866
  3. People v. AdamsNew York Supreme Court · 1837
  4. State v. MyersSupreme Court of Iowa · 1860
  5. Conrad v. NallMichigan Supreme Court · 1872

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

3Cited by10 opinions

  1. Clay v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
  2. City of Fargo v. Annexation Review Commission of Cass CountyNorth Dakota Supreme Court · 1966
  3. Hurley v. EidsonSupreme Court of Missouri · 1953
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. StateIndiana Supreme Court · 1909
  5. State Ex Rel. Stinger v. KrugerSupreme Court of Missouri · 1919

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API