State v. Donaldson

Citations

• 12 S.D. 259
• 81 N.W. 299
• 1899 S.D. LEXIS 120

Syllabus

<p>1. Under Laws 1895, c. 64, § 3, providing that all informations shall bo verified by the affidavit o£ the state’s attorney, informant, or other person, the state’s attorney’s verification of an information on information and belief is sufficient.</p> <p>2. Under Laws 1897, c. 72 g 14. providing that all saloons, restaurants, bars in hotels or elsewhere, and all other places except drug stores, where any of the liquors mentioned in the act are sold or kept for sale, shall not be open on Sunday, an information charging defendant wiih keeping open his “saloon and bar” on Sunday, in violation of the statute, such “saloon and bar” being a place where the liquors mentioned in the statute are sold, is not objectionable as charging mo: e than one offense.</p> <p>'3. An information charging that the offense of keeping a saloon open on Sunday was committed “in the city and county of Yankton, andSiatoof South Dakota,” is sufficiently specific as to place.</p> <p>4. An information charging the offense of keeping a saloon open on Sunday need not allege that the saloon was kept open for tne purpose of doing a prohibited business, as the prohibition of the statute is that the place “shall be closed on the first day of the week, commonly called ‘Sunday.’”</p> <p>5. The fact that costs had not been taxed at the time a writ of error was sued out from a judgment imposing a fine and costs on the accused, and imprisonment in case of failure to pay the same, does not render the judgment inoperative for uncertainly.</p>