State v. Boughner

Citations

• 7 S.D. 103
• 63 N.W. 542
• 1895 S.D. LEXIS 42

Syllabus

<p>Where, for the purpose of proving the charge in an indictment charging the defendant with committing the offense of selling intoxicating liquors contrary to the statute, evidence is introduced tending to prove the commission of two or more separate and distinct offenses, it is the duty of the court, before the defendant is put upon his defense, if requested so to do, to require the prosecution to elect upon which transaction the state will rely for a conviction. State v. Valentine (S. D.) 63 N. W. 541, followed.</p> <p>(Syllabus by the Court.</p>