State v. Gilbert
State v. Gilbert
Opinion of the Court
Upon an information duly fried the plaintiff in error, whom we shall hereafter denominate the defendant, pleaded guilty to the offense of keeping open his saloon on Sunday, and the court entered a judgment that the defendant pay -a fine of $500 and that he forfeit any license for the sale of intoxicating liquor paid, and which has not expired, and, further that he be precluded from continuing such business of selling intoxicating liquor at retail for the remainder of the year'for which he holds license, if any, and that he be further debarred from engaging in any business requiring payment of license under section 2834 of the Revised Political Code of South Dakota, and that he stand committed until such sentence be complied with.
Defendant contends that the clause in the judgment providing for the forfeiture of his license was in excess of the court’s juris
It is contended by the Attorney General that the court was authorized, in addition to the penalty prescribed in section 2848, to add thereto' the clause forfeiting the defendant’s license and prohibiting him from engaging in the business of selling intoxicating liquors during the remainder of his term, under the provisions of section 2838, the material parts of which are as follows: “If any person or persons shall engage or be engaged in any business requiring the payment of licenese * * * or shall in any manner violate any of the provisions of this article, such person or persons shad be deemed guilty of a misdemeanor, and upon conviction thereof, if there is no specified penalty provided therefor by this article, shall be punished by a fine of not less than fifty dollars nor more than • five hundred dollars and costs of prosecution, or by imprisonment in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment in the discretion of the court, * * * and any person or persons engaged in any business requiring the payment of a license under section 2834, who, after paying the license so required, shall be convicted of a violation of any of the provisions of this article, shall thereby in
We are inclined to taken the view that the Attorney General is right in his contention. It is provided by the terms of that section that any person or persons who shall in any manner violate any of the provisions of the article shall be subject to the penalties therein provided, and in addition to all other penalties prescribed by the article shall be subject to the forfeiture therein specified. It will be observed that the language of that section is broad and comprehensive, and that, the penalty of forfeiture, in addition to the other penalties provided in the section, applies to all cases of conviction under the provisions of the article, the article embracing all the provisions of the Code relating to the license law, and providing for penalties for any violation of the same. It was competent for the Legislature to provide for the forfeiting of the license in all cases arising under the provisions of the article, and that such was its intention is clearly evident from the language used in section 2838. The fact that section 2848 prescribes a different penalty for a violation of the two preceding sections from that prescribed by section 2838 did not, in our opinion, preclude the court from adding the forfeiture clause provided for in the latter section, as there .is nothing in section 2848 inconsistent with the forfeiture clause in section 2838. It is the general rule, in the construction of statutes, that the different provisions should be construed together, and effect given: to every part thereof as far as possible. It is contended by counsel for the defendant that it does not appear from the statements in the information hat the defendant was engaged in the business of selling intoxicating liquors under a lien ese, and therefore that the entire judgment is erroneous and should be reversed; but we cannot agree with counsel in this con
The judgment of the Circuit Court is affirmed.
Reference
- Full Case Name
- STATE v. GILBERT
- Cited By
- 3 cases
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- Published