Legal Opinion
State v. Murphy
South Dakota Supreme Court
Decided May 31, 1951No. 9189-APublishedCited by 8 opinions
1Opinion of the CourtSmith, J.
The defendant was convicted of a violation of SDC 5.0226(2) which prohibís a licensee from selling intoxicating liquor to any person under the age of 21 years.
The first point argued by defendant is that he could not be guilty of the offense, not being a licensee.
The alleged sale was made in the Dakota Tavern, Inc., in the city of Sioux Falls. As the name indicates the Dakota Tavern is a corporation. The corporation was then the holder of a license from the state to sell intoxicating liquor. The sale was made by defendant.
The stated contention is predicated upon the provisions of the statute,…
2Cases cited5 opinions
- State v. DouglasSouth Dakota Supreme Court · 1944
- Myers v. United StatesCourt of Appeals for the Fourth Circuit · 1931
- State v. SchullSouth Dakota Supreme Court · 1938
- Korte v. LangSouth Dakota Supreme Court · 1933
- State v. JohnsonSouth Dakota Supreme Court · 1926
3Cited by8 opinions
- Aimonetto v. Rapid Gas, Inc.South Dakota Supreme Court · 1964
- State v. ErlandsonMontana Supreme Court · 1952
- Heinert v. Home Federal Savings & Loan Ass'n of Sioux FallsSouth Dakota Supreme Court · 1989
- Lane v. Travelers Indemnity Co.South Dakota Supreme Court · 1997
- City of Sioux Falls v. JacobsonSouth Dakota Supreme Court · 1955
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