Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 17

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... govern itself accordingly." Jones on Evidence, 897. Regardless of the state of the record, it must be assumed, under such circumstances, that the proof could have been made if the oifer had been allowed. Scotland County v. Hill, -112 U. S. 183: 5 Sup. Ct. 93: 28 L. Ed. 692.. Of the oifense charged the accused is presumed to be innocent, and by proof beyond a reasonable doubt the burden is upon the state to establish the fact that he not only sold intoxicating liquor, but that the sale was made Without a license. I' 'The plea of not guilty puts in issue every material allegation of the indictment or information." Section 286, Rev. Code Cr. Proc. As the written application for a license to sell must be filed with the county auditor, and the required sum, denominated a license, must be paid in advance to the county treasurer, who merely receipts therefor, and delivers to the applicant a notice containing a statement of what license has been paid, together with certain recitals as to the penalty for selling in violation of law, and such notice and receipt must be posted in the room where the liquor is sold, it is clear that the subject-matter is peculiarly within the knowledge of the state, and there is no reason why the prosecution should not establish the essential ingredients ofthe offense by proof that the sale was made without a license. In State v. Nye, 32 Kan. 201, 204; 4 Pac.-134, 136, the court say: "Where an information charges a de fendant with unlawfully selling intoxicating liquors without having a permit therefor, it is incumbent upon the 'prosecution to prove by competent evidence that the defendant had no permit at the time of the commission of the alleged offense, in order to sustain more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236989155
  • 9781236989154