Pandolfo v. State, No. 27466.

• Court: Supreme Court of Nebraska
• Writing for the Court: GOSS
• Citation: 234 N.W. 483,120 Neb. 616
• Parties: PANDOLFO v. STATE.
• Decision Date: 23 January 1931
• Docket Number: No. 27466.

120 Neb. 616
234 N.W. 483

PANDOLFO
v.
STATE.

No. 27466.

Supreme Court of Nebraska.

Jan. 23, 1931.

Syllabus by the Court.

“Where a statute states the elements of a crime, it is generally sufficient, in an information or indictment, to describe such crime in the language of the statute.” Cordson v. State, 77 Neb. 416, 109 N. W. 764.

Syllabus by the Court.

“An information need not negative the exceptions of a statute which are not descriptive of the offense.” Sofield v. State, 61 Neb. 600, 85 N. W. 840.

Syllabus by the Court.

The provisions of section 14, art. 3, of the Constitution, should be liberally construed so as to uphold a provision in a legislative act which, though not specifically expressed in the title, is germane to the subject-matter, and comprehended within the objects and purposes, of the act.

Syllabus by the Court.

Section 2, c. 32, Laws 1925, amending section 8115, Comp. St. 1922, is not unconstitutional by reason of the fact that the burden of proof as to exemptions, fixed by that section of the amendment, was not specifically stated in the title of the act; it was germane to exemptions, which was the subject of the act

Error to District Court, Dundy County; Eldred, Judge.

Egbert Pandolfo was convicted of selling securities without a permit, and he brings error.

Affirmed.

[234 N.W. 483]

Victor Westermark, of Benkelman, and L. S. Harvey, of Kansas City, Kan., for plaintiff in error.

C. A. Sorensen, Atty. Gen., and L. Ross Newkirk, Asst. Atty. Gen., for the State.

Heard before GOSS, C. J., and ROSE, DEAN, GOOD, EBERLY, DAY, and PAINE, JJ.

GOSS, C. J.

The defendant was charged jointly with others with violating what is commonly called the Blue Sky Law, by selling securities without first having obtained a permit. This defendant obtained a separate trial, was convicted and sentenced to two years in the penitentiary.

He assigns error on several grounds, the first of which is that the information does not state a crime. The information is laid under title 5, art. 21, Comp. St. 1922 (sections 8114-8144), now chapter 81, article 54, Comp. St. 1929. The term “securities” is defined under section 8114, Comp. St. 1922, now § 81--5401, Comp. St. 1929; the securities exempted from the act were defined in section 8115, Comp. St. 1922, as amended by c. 32, Laws 1925, now § 81--5402, Comp. St. 1929; the application and permit are prescribed in section 8116, Comp. St. 1922, now § 81--5404,

[234 N.W. 484]

Comp. St. 1929; and the penalty for violation is found in section 8137, Comp. St. 1922, now § 81--5425, Comp. St. 1929.

In substance the information charged that on February 3, 1930, Egbert Pandolfo, in Dundy county, Nebraska, did wilfully, purposely, unlawfully and feloniously sell, negotiate for the issuance and sale of and take subscriptions for and promote the offering, issuance and sales of certain securities to K. L. West, residing in the state and not a dealer in such securities, the securities being known as Sque-e-ks-n-rattles of St. Cloud, Minnesota, which...