Legal Opinion

State v. Laymon

South Dakota Supreme Court

Decided May 1, 1918No. File No. 4214PublishedCited by 7 opinions

Appeal from Circuit Court, Kingsbury County. Hon. Alva E. Taylor, Judge. The defendant, Glare S. Layamon, w;ais convicted' of' the ■crime of selling intoxicating liquor to be used as a beverage, and1 ilie appeals.

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Appeal from Circuit Court, Kingsbury County. Hon. Alva E. Taylor, Judge. The defendant, Glare S. Layamon, w;ais convicted' of' the ■crime of selling intoxicating liquor to be used as a beverage, and1 ilie appeals. (1) To point one of the opinion, Appellant cited: .Bishop i New Criminal Procedure, Sec. 587; State v. PischeR (Neb.) 20 N. W. 848; State v. Mudie, 22 S. D. 41, 115 N; W. '107. Respondent -cited: State v. Bradley, 15 S. D. 148, 87 N. W. 950; 23 Cyc. 218; note 99. (2) To point two. of the opinion, Appellant cited: 23 Cyc. 220; Baer v. Commonwealth, 10 Bush. (Ky.) 8; Bode v. State, 7…

1Opinion of the CourtPolley, J.

Defendant, a registered pharmacist conducting a drug store in the town of Hetland, was convicted of selling intoxicating liquor to be used as a beverag-e, and ítem a judgment imposing a fine off $200 be appeals.

[1] It is first contended by appellant that the information on which lie was tried chargee two separate offenses, under the statute, .and that therefore -said information is- bad! 'for duplicity. This contention is based upon the fact that the said information charges that, at a specified time and place, defendant did “sell” and “give” intoxicating liquor to the person named 'in said…

2Cases cited1 opinion

  1. State v. BradleySouth Dakota Supreme Court · 1901

3Cited by7 opinions

  1. State v. KietzkeSouth Dakota Supreme Court · 1971
  2. State v. BrownIdaho Supreme Court · 1922
  3. Nelson v. Chicago, B. & Q. Ry. Co.South Dakota Supreme Court · 1924
  4. State v. RunyanSouth Dakota Supreme Court · 1926
  5. State v. AlickSouth Dakota Supreme Court · 1934

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