State v. La Shier
South Dakota Supreme Court
' Appeal from Circuit Court, Douglas County. Hon. Robert B. Tripp, Judge. The defendant, Bion AY.. La Shier, was convicted of violating the law regulating the sale of intoxicating liquors at retail; and from a judgment of conviction, and from an order denying a new trial, he appeals. (1) To point one of the opinion, Appellant cited: Pol.
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' Appeal from Circuit Court, Douglas County. Hon. Robert B. Tripp, Judge. The defendant, Bion AY.. La Shier, was convicted of violating the law regulating the sale of intoxicating liquors at retail; and from a judgment of conviction, and from an order denying a new trial, he appeals. (1) To point one of the opinion, Appellant cited: Pol. Code, Secs. 2838, 2860, 279; State v. Dunning, (S. D.) 85 N. W. 589. Respondent cited: State v. Hoagland, (la.) 41 N. AY. 595; AVilliams v. State, (Tex.) 77 S. AY. 783; State v. Lesh, (N. D.) 145 N. AY. 830; Laws 1905, Oh. 123; Sarris v. Commonwealth, 83 Ky.…
1DissentGates, P. J.
I cannot agree with the conclusion of the majority that the judgment in this case should be reversed. I think that the majority opinion fails to cover the real issue, viz. whether the sales of- intoxicating liquor were made in good faith for medicinal purposes. The trial court charged the jury in part as follows:
“It is my duty to say to you the question of law is or the question of fact for your decision is: Did the defendant at any time between those dates sell any intoxicating liquors — for it is admitted he did not have a license — or was any such liquor sold at his drug store, at his…
Also in this document: Concurrence.
2Cases cited3 opinions
- Wood v. DodgeSouth Dakota Supreme Court · 1909
- Brinson v. StateSupreme Court of Alabama · 1889
- Comeau v. HurleySouth Dakota Supreme Court · 1909