State v. Horner
South Dakota Supreme Court
Appeal from Circuit Court, Douglass County. Hlon. Robert B. Tripp, Judge. Louis ITorner, the defendant, was convicted of a violation of the liquor laws; a judgment of conviction having been entered upon overruling a demurrer to the information; .and from the judgment, and from the order overruling the demurrer, defendant appeals. (i) Under point one of the opinion, Respondent cited: Code Cr.
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Appeal from Circuit Court, Douglass County. Hlon. Robert B. Tripp, Judge. Louis ITorner, the defendant, was convicted of a violation of the liquor laws; a judgment of conviction having been entered upon overruling a demurrer to the information; .and from the judgment, and from the order overruling the demurrer, defendant appeals. (i) Under point one of the opinion, Respondent cited: Code Cr. Proc., Secs. 221, 229; Raws 1913, Ch. 242; State v. Morse, (S. D.) 150 N. W. 293; Johnson v. Peo., 83- 111. 431; Fitzenrider v. State, 30 Ind. 238; Johnson v. State, 74 Ind. 197; State v. Cowgill, 75 Ind.…
1Opinion of the CourtSmith, J.
An information was filed by the state’s attorney in the circuit court of Douglas county, charging that the defendant Louis Horner—
“did unlawfully sell, offer for sale, furnish, and give away to one M. C. Malloy intoxicating liquors, being spirituous, malt, brewed, and fermented liquor, namely, whisky; that the said M. C. Malloy was then and there a person in the habit of getting intoxicated, contrary to -the form of the statute,” etc.
To this information defendant demurred on the ground that the facts stated do not constitute a public offense. The demurrer was overruled, and defendant appeals.
T…
2Cases cited9 opinions
- Hurst v. SelvidgeTennessee Supreme Court · 1847
- Garrigan v. KennedySouth Dakota Supreme Court · 1904
- State v. GrantSouth Dakota Supreme Court · 1905
- Garrigan v. ThompsonSouth Dakota Supreme Court · 1903
- Sandige v. WidmannSouth Dakota Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Miles Laboratories, Inc. v. Owl Drug Co.South Dakota Supreme Court · 1940
- In Re Gillette Daily JournalWyoming Supreme Court · 1932
- Brady v. CooperSouth Dakota Supreme Court · 1923
- State v. PitetWyoming Supreme Court · 1952
2 more not listed; retrieve them via the Exa API.