State v. Burchard
South Dakota Supreme Court
Error to circuit court, Beadle county. Hon. A. W. Campbell, Judge. Indictment charging defendant with the offense of selling' intoxicating liquors unlawfully. Defendant was convicted and brings error. The facts are stated in the opinion. Each sale of intoxicating liquors under the statute is a distinct offense, and an indictment for the sale must identify the specific sale so that the defendant may not be indicted for one offense and convicted for another.
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Error to circuit court, Beadle county. Hon. A. W. Campbell, Judge. Indictment charging defendant with the offense of selling' intoxicating liquors unlawfully. Defendant was convicted and brings error. The facts are stated in the opinion. Each sale of intoxicating liquors under the statute is a distinct offense, and an indictment for the sale must identify the specific sale so that the defendant may not be indicted for one offense and convicted for another. The indictment must specify to whom the liquor was sold. Bishop Crim. Prac. 104; State v. Brooks, 7 Pac. 594; Murphy v. State, 24 Miss.…
1Opinion of the CourtCorson, P. J.
The plaintiff in error was indicted, tried, and convicted in the circuit court of Beadle county of the crime of selling intoxicating liquors as a beverage. Omitting the formal parts, the indictment is as follows: ‘‘That Frank Bur-chard, late of said county, yeoman, on the first day of March, in the year of our Lord one thousand eight hundred and ninety-three, at the county of Beadle, and State of South Dakota, with force of arms then and there did wilfully, wrongfully and unlawfully, sell intoxicating liquors, to be drank as a beverage, contrary to the form of the statute in such case made…
2Cases cited11 opinions
- McLaughlin v. StateIndiana Supreme Court · 1873
- State v. WhisnerSupreme Court of Kansas · 1886
- Commonwealth v. TrainorMassachusetts Supreme Judicial Court · 1877
- State v. CoxSupreme Court of Missouri · 1860
- Wreidt v. StateIndiana Supreme Court · 1874
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3Cited by12 opinions
- State v. WilliamsSouth Dakota Supreme Court · 1898
- State v. Blue Fox Bar, Inc.South Dakota Supreme Court · 1964
- Lincoln v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- Application of WilliamsSouth Dakota Supreme Court · 1972
- State v. CarlisleSouth Dakota Supreme Court · 1912
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