State v. Severine

Citations

• 2 S.D. 238
• 49 N.W. 1056
• 1891 S.D. LEXIS 25

Syllabus

<p>1. An attorney employed by a citizen or an organization of citizens, as provided in Section 20 of the prohibition act, cannot institute, upon his own information, a criminal proceeding by information against an alleged violator of that law.</p> <p>2. Section 20 of the prohibition act does not, nor does any other section thereof, create a new office by the name of “assistant state’s attorney,” but merely says that an employment so made shall be the associate counsel of the state’s attorney. Such employment was not intended to take the place of the state’s attorney.</p> <p>(Syllabus by the Court.</p>