State v. Hays
South Dakota Supreme Court
Appeal from Circuit Court, Brown 'County. Hon. Jam£s McNenN^y, Judge. ■ The defendant, L. J. Hays, was convicted of engaging in the business of selling intoxicating liquors at retail without license, and appeals from judgment and order denying new trial. (1) To point one of the opinion, Respondent cited: 17 Cyc. 292-3, 290; 23 Cyc. 265, note 51; Thompson v. State, 72 Tex.
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Appeal from Circuit Court, Brown 'County. Hon. Jam£s McNenN^y, Judge. ■ The defendant, L. J. Hays, was convicted of engaging in the business of selling intoxicating liquors at retail without license, and appeals from judgment and order denying new trial. (1) To point one of the opinion, Respondent cited: 17 Cyc. 292-3, 290; 23 Cyc. 265, note 51; Thompson v. State, 72 Tex. Crim. 6, 160 S. W. 685. (2) To point two of the opinion, Appellant cited: Mehan v State, 7 Wis. 670; Hepler v. State, r6 N. W. 42. Respondent cited: Case notes following Bell v. State, 36 L. R. A. (N. S.) and 28 Ann. Cas.…
1Opinion of the CourtGates, P. J.
Defendant, ■ a veterinary surgeon, was- convicted of the crime of engaging in the business of selling intoxicating liquors at retail without a license. From the judgment *548and an order denying- a new trial, he appeals. But one sale was attempted to -be proved, to-wit, the sale of a pint of whisky. The errors assigned relate to the admission in evidence of a bottle and its contents; to' an instruction that the state need not prove that defendant had no license; to an instruction that one sale of liquor constituted “engaging in business”; and to the insufficiency of the evidence,
[1] The trial was…
2Cases cited6 opinions
- State ex rel. Crothers v. BarberSouth Dakota Supreme Court · 1904
- Pumphrey v. AndersonSupreme Court of Iowa · 1909
- Tuntland v. NobleSouth Dakota Supreme Court · 1912
- State v. ElySouth Dakota Supreme Court · 1908
- State v. McIvennaSouth Dakota Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Broderick v. CoppingerArizona Supreme Court · 1932
- State v. HoferSouth Dakota Supreme Court · 1917