State v. Schmail
Supreme Court of Minnesota
Complaint was made against defendant before a justice of' the peace for selling intoxicating liquor without a license, and a warrant was issued thereon. Neither the complaint nor the warrant stated the name of the person to whom the liquor was sold, nor that such name was unknown, nor any description of such person. On this ground, the defendant at the trial moved for a discharge, which motion was denied, and he was convicted and sentenced.
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Complaint was made against defendant before a justice of' the peace for selling intoxicating liquor without a license, and a warrant was issued thereon. Neither the complaint nor the warrant stated the name of the person to whom the liquor was sold, nor that such name was unknown, nor any description of such person. On this ground, the defendant at the trial moved for a discharge, which motion was denied, and he was convicted and sentenced. On appeal to the-district court for Dodge county, on questions of law alone, the judgment was affirmed, by Lord, J., and the defendant again appealed.
1Opinion of the CourtBerry, J.
This was a prosecution before a justice of the peace, for bartering, selling, furnishing, and giving away spirituous liquor, without a license. Neither the complaint nor the warrant contains any statement as to the person to whom the liquor was bartered, sold, furnished or given away. For this reason, both are insufficient. An offence charged should be described with certainty sufficient to inform the defendant of the particular thing with which he is charged. Otherwise, he cannot know how to prepare his defence. Such certainty is also requisite that he may conveniently avail himself of an…
2Cited by6 opinions
- State v. GradyIdaho Supreme Court · 1965
- State v. BurchardSouth Dakota Supreme Court · 1894
- State v. TracySupreme Court of Minnesota · 1901
- State v. ClarkeSupreme Court of Minnesota · 1883
- State v. ShannonSupreme Court of Minnesota · 1929
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