State v. Mudie
South Dakota Supreme Court
Error to Circuit Court, Turner County. Hon. F G. Smith, Judge. E. Mudie was convicted of engaging in the business of selling intoxicating liquors without a license, and brings error.
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Error to Circuit Court, Turner County. Hon. F G. Smith, Judge. E. Mudie was convicted of engaging in the business of selling intoxicating liquors without a license, and brings error. This indictment was drawn under section 2838 of the Political Code which provides: “If any person or persons shall engage, or he engaged in any business requiring the payment of license, under section 2834 without having paid in full the license requiied by this article, and without having th^ receipt and notice for such license posted, as required by this article, or shall in any manner violate any of the…
1Opinion of the CourtPianey, P. J.
Having been convicted of engaging in the business of selling intoxicating liquors without a license, defendant brought the record of such conviction to this court for review by writ of error.
It is contended that the comt erred in not sustaining a de*45murrer to the indictment, on the ground that more than one offense is charged. In this state an indictment or information “must charge but one offense.” Rev. Code Cr. Proc. § 224. The defendant may demur to the indictment or information, when it appears upon the face thereof ‘'that more than one offense is charged.” Id. 272. Section 2834, Rev. Pol.…
2Cases cited5 opinions
- People v. SouleMichigan Supreme Court · 1889
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- Sanford v. KingSouth Dakota Supreme Court · 1905
- Territory v. PrattSupreme Court Of The Territory Of Dakota · 1889
- State v. McIvennaSouth Dakota Supreme Court · 1907
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- State v. ArguelloSouth Dakota Supreme Court · 1996
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