State v. Hofer
State v. Hofer
Opinion of the Court
Defendant was convicted under an information charging him with the crime of unlawfully engaging in the business of selling intoxicating liquors. From the judgment and order denying a new trial he appeals.
Appellant assigns as error the overruling of an objection to the introduction of any evidence for the reason that the information was insufficient to charge a public offense or to apprise him of the nature and the cause of the accusation against him. It is not pointed out in appellant’s brief wherein the information was defective. The information is in the form which has been repeatedly sustained by this court as sufficient. State v. Williams, 11 S. D. 64, 75 N. W. 815; State v. McIlvenna, 21 S. D. 489, 113 N. W. 878; State v. Mudie, 22 S. D. 41, 115 N. W. 107; State v. Ely, 22 S. D. 487, 118 N. W. 687, 18 Ann. Cas. 92; State v. Hays, 38 S. D. 546, 162 N. W. 311; State v. Otto, 38 S. D. 353, 161 N. W. 340.
Finally the evidence was sufficient to sustain the verdict. Although denied by appellant, two persons testified to the purchase of intoxicating liquor at his pharmacy from him or his clerk.
The judgment and order appealed from are affirmed.
Reference
- Full Case Name
- STATE v. HOFER
- Status
- Published