State v. Hafsoos

Citations

• 1 S.D. 382
• 47 N.W. 400

Syllabus

<p>1. Section 1, c. 101, Laws 1890, declares that “any person * * * wlio shall sell * * • * any such intoxicating liquors as a beverage shall, for the first offense, be deemed guilty of a misdemeanor,” etc. An information charging that defendant “did sell intoxicating liquors maliciously and wilfully,” does not charge an offense under that section.</p> <p>2. By the terms of the law the offense consists in selling “such liquors as a beverage,” and not in selling the same “wilfully and maliciously.”</p> <p>3. Such an information does not charge an offense at common law.</p> <p>4. A judgment of conviction under such an information, the objections thereto having been duly saved, will be reversed.</p> <p>(Syllabus by the Court.</p>