State v. Williams
South Dakota Supreme Court
Error to circuit court, Sanborn county, Hon. Frank B. Smith, Judge. Mark Williams was convicted of selling intoxicating liquors without a license, and he brings error. The facts are stated in the opinion. The information is insufficient. (1) It does not describe a public offense or notify the defendant of the facts and circumstances of the offense charged. State v Butcher, 44 N. W. 239; State v Burchard 4 S. D. 548; Goddy v State, 8, Tex.
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Error to circuit court, Sanborn county, Hon. Frank B. Smith, Judge. Mark Williams was convicted of selling intoxicating liquors without a license, and he brings error. The facts are stated in the opinion. The information is insufficient. (1) It does not describe a public offense or notify the defendant of the facts and circumstances of the offense charged. State v Butcher, 44 N. W. 239; State v Burchard 4 S. D. 548; Goddy v State, 8, Tex. App. 127. (2) It does not allege that defendant was engaged in the business of selling intoxicating liquors, and unless it is done as a business the sale of…
1Opinion of the CourtCorson, P. J.
Upon an information filed by the state’s attorney, the plaintiff in error was tried and convicted of the crime of selling intoxicating liquors without a license. After the jury had been impaneled, and a witness sworn, counsel for plaintiff in error objected to any evidence under the informa*67'tion, on the ground that it did not state facts sufficient to constitute a public offense, and on the further ground that the information was too indefinite and uncertain to enable a person of ordinary understanding to know what was intended to be charged. The objection was overruled, and exception taken.…
2Cases cited11 opinions
- Long v. StateIndiana Supreme Court · 1877
- State v. PearceSupreme Court of Minnesota · 1894
- State v. BaldoserSupreme Court of Iowa · 1893
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1892
- State v. NuttSupreme Court of Vermont · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Elliott v. StateSupreme Court of Georgia · 2019
- State v. BallSouth Dakota Supreme Court · 2004
- State v. GarringtonSouth Dakota Supreme Court · 1898
- State v. NormanSouth Dakota Supreme Court · 1948
- State v. BrownSouth Dakota Supreme Court · 1965
20 more not listed; retrieve them via the Exa API.