State v. Becker
South Dakota Supreme Court
Error to Yankton county court. Hon. Edwin White, Judge Information charging defendant with keeping and maintaining a common nuisance. Defendant demurred to the information. Demurrer sustained. The state brings error to this court. The facts are fully stated in the opinion. There must be a plain and manifest conflict between a statute and the constitution to make the former void.
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Error to Yankton county court. Hon. Edwin White, Judge Information charging defendant with keeping and maintaining a common nuisance. Defendant demurred to the information. Demurrer sustained. The state brings error to this court. The facts are fully stated in the opinion. There must be a plain and manifest conflict between a statute and the constitution to make the former void. Cooper v. Tellfair, 4 Dal. 18) State v. Morgan, 48 N. W. 314. The rule that there shall be but one subject, and that expressed in the title, should be only reasonably observed. Cooley, Const. Lim. 174; Woodson v.…
1Opinion of the CourtKellam, P. J.
This case comes to this court on a writ of error to the county court of Yankton county. In the court below the defendant in error was charged by information with the offense *33of keeping and maintaining a common nuisance in the city and county of Yankton; the information setting out the specific facts relied upon to constitute the offense under section 13, c. 101, Laws 1890. To this information defendant in error demurred on the following grounds: (1) “That said complaint or information is not brought or presented in behalf of or by the authority of the state of South Dakota, or in the name of…
2Cases cited27 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Pervear v. CommonwealthSupreme Court of the United States · 1867
- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
- Tiernan v. RinkerSupreme Court of the United States · 1880
- State v. MorganSouth Dakota Supreme Court · 1891
22 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Harmelin v. MichiganSupreme Court of the United States · 1991
- State v. PhippsSouth Dakota Supreme Court · 1982
- State v. BonnerSouth Dakota Supreme Court · 1998
- State v. Bad Heart BullSouth Dakota Supreme Court · 1977
- State v. HoustonUtah Supreme Court · 2015
81 more not listed; retrieve them via the Exa API.