State v. Bradford
South Dakota Supreme Court
Error to circuit court, Meade county; Hon. Joseph B. Moore, Judge. Clarence L. Bradford was indicted for a violation of the liquor laws. From an order sustaining a demurrer to the indictment, the state brings error. Article 27, Const., is not self-executing. Cooley, Const.
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Error to circuit court, Meade county; Hon. Joseph B. Moore, Judge. Clarence L. Bradford was indicted for a violation of the liquor laws. From an order sustaining a demurrer to the indictment, the state brings error. Article 27, Const., is not self-executing. Cooley, Const. Lim., 6th Ed., p. 99, et seq.; State v. Swan, (N. D.) 44 N. W. 492; Hayes v. Hayes, 47 Pac. 732; Willis v. St. Paul Sanitation Co., 48 Minn. 150, 16 L. R. A. 285; Morley v. Thayer, 3 Fed. 737; French v. Teschemaker, 24 Calif. 539; 6 Am. & Eng. Encyc. Law (2d Ed.) 915. Article 27, Const., is self-executing. Prohibitory…
1Opinion of the CourtCorson, P. J.
The defendant in error was indicted by the grand jury of Meade county for violating one of the provisions of Section 12 of Chapter 72 of the Laws of 1897, entitled “An act to provide for the licensing, restriction and regulation of the business of the manufacture and sale of spirituous and intoxicating liquors. ” To this indictment the defendant demurred on the ground that the facts stated therein did not constitute a public offense. The demurrer was sustained, and the order sustaining the demurrer and the judgment entered thereon are now before us for review on a writ of error issued on the…
2Cases cited13 opinions
- Buchanan v. LitchfieldSupreme Court of the United States · 1880
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Chittenden v. . WursterNew York Court of Appeals · 1897
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Searle v. City of LeadSouth Dakota Supreme Court · 1897
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3Cited by9 opinions
- Kneip v. HersethSouth Dakota Supreme Court · 1974
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- National College of Business v. Pennington CountySouth Dakota Supreme Court · 1966
- Garrigan v. KennedySouth Dakota Supreme Court · 1904
- State ex rel. Richards v. BurkhartSouth Dakota Supreme Court · 1921
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