City of Deadwood v. Allen

Citations

• 8 S.D. 618
• 67 N.W. 835
• 1896 S.D. LEXIS 91

Syllabus

<p>A complaint for violation of a city ordinance making it a criminal offense “to keep” for sale at retail specified articles, including “light drinks of various kinds to be drank upon the premises,” without a license, which sufficiently lays the venue, and charges that defendant, on the 1st day of a certain month, and “on divers and sundry other days during said month,” kept the articles specified in the ordinance for sale within the city, “county and state aforesaid,” without first having obtained a license, is sufficient, the averment “on divers and sundry other days during said month” being rejected as surplussage; and it was unnecessary to aver specific sales of the articles, or that the light drinks were drank upon the premises.</p>