Legal Opinion

State v. Valentine

South Dakota Supreme Court

Decided May 22, 1895PublishedCited by 4 opinions

Error to circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Birdj,Valentine was convicted of selling intoxipating liqiiors, and brings error, The facts are stated in the opinion. In an indictment for the sale of intoxicating liquors, the facts showing a sale, a delivery of the goods and also a price must be set forth. Comm. v. Dean, 21 Pick. 334; State v. Doyle, 11 R. I. 574; State v. Walker, 3 Hoar.

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Error to circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Birdj,Valentine was convicted of selling intoxipating liqiiors, and brings error, The facts are stated in the opinion. In an indictment for the sale of intoxicating liquors, the facts showing a sale, a delivery of the goods and also a price must be set forth. Comm. v. Dean, 21 Pick. 334; State v. Doyle, 11 R. I. 574; State v. Walker, 3 Hoar. Del. 574; Robertson v. Lambert-ville, 38 N. J. 69; State v. PJainfield, 44 N. J. 118; Cafritz v. State, 1 Md. 569; State v. Faucett, 4 Dev. andB. L. 107; State v. Starney, 71 N. C.…

1Opinion of the CourtCoeson, P. J.

The plaintiff in error was indicted, tried, and convicted, in the circuit court of Minnehaha county, of the crime of selling intoxicating liquors as a beverage, in violation of the provisions of the prohibitory liquor law of this state. When the pase was called for trial in the court below, the plaintiff in error, by *101his counsel, objected to the introduction of any evidence under tbe indictment, upon the ground that the facts stated did not constitute a public offense. In State v. Burchard (S. D.) 57 N. W. 491, this court held that an indictment substantially identical m form with theone now…

2Cases cited7 opinions

  1. Boldt v. StateWisconsin Supreme Court · 1888
  2. State v. CrimminsSupreme Court of Kansas · 1884
  3. Lebkovitz v. StateIndiana Supreme Court · 1887
  4. State v. . FarmerSupreme Court of North Carolina · 1889
  5. State v. BurchardSouth Dakota Supreme Court · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Application of WilliamsSouth Dakota Supreme Court · 1972
  2. State v. NorrisSupreme Court of Iowa · 1904
  3. State v. ElySouth Dakota Supreme Court · 1908
  4. State v. BoughnerSouth Dakota Supreme Court · 1895

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