City of Sioux Falls v. Marshall

Defendant was arrested, tried, and convicted of the violation of a city ordinance of plaintiff city. It wias charged that he had and kept in his possession intoxicating liquor for sale, trade, barter, or gift. He appeals from the judgment and. from an order denying new trial.

Appellant urges three propositions:(1) “The possession of liquor as prohibited by law and as charged in the complaint in this case must be a conscious possession before the defendant can be found guilty.”(2) “Where the defendant is charged with unlawful possession of intoxicating liquor, the prosecution must prove either…