State v. Sievert

(dissenting) : The syllabus states the law but the second section is not applicable to the case at bar because the defendant is not in position to present the matter here.

The defendant was charged with “keeping and maintaining a common nuisance” but the “place” was not described, other than it was stated to be in Pichland county. The time of the commission of the offense was said to be the period “between the first day of January, 1925, and the 20th of June, 1926.” The evidence shows the defendant during this time was a druggist and that during a portion of the time he maintained his business…