State v. Stone
South Dakota Supreme Court
Appeal from Circuit Court, Hamlin County. Hon. C. X. Seward, Judge. Uno Stone was convicted of engaging in the business of selling intoxicating liquor without a license, and -he appeals.
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Appeal from Circuit Court, Hamlin County. Hon. C. X. Seward, Judge. Uno Stone was convicted of engaging in the business of selling intoxicating liquor without a license, and -he appeals. Under the relations existing between this defendant and C. F.' Hage as shown by the evidence produced at the trial of this action and which is undisputed, the said C. F. Hage could not -be convicted of any violation o-f the law as charged in the information filed against this defendant, for the reason that he was a registered pharmacist, as admitted by the -state, owning and conducting- a pharmacy, -and had…
1Opinion of the CourtHaney, J.
The information charges that the defendant was engaged in the business of selling intoxicating liquors, without a license, in Hamlin county, on October 25, 1910. On the trial it was stipulated that the defendant had no permit to sell during 1910. On defendant’s motion, • the state was required to elect, and elected to rely upon December 17, 1910, as the date of the alleged offense. So the material issue for the jfiry was whether the defendant was engaged -in the alleged business on that date.
[ 1, 2] The state having rested, the defendant moved -to strike from the record “all testimony as- to…
2Cases cited2 opinions
- People v. DanielsCalifornia Supreme Court · 1894
- State v. WilliamsSouth Dakota Supreme Court · 1898
3Cited by10 opinions
- State v. DrapeauSouth Dakota Supreme Court · 1922
- State v. GuffeySouth Dakota Supreme Court · 1917
- State v. KeebleSouth Dakota Supreme Court · 1926
- State v. AlickSouth Dakota Supreme Court · 1934
- State v. MoundSouth Dakota Supreme Court · 1937
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