Smith v. State
| Decision Date | 06 May 1891 |
| Citation | 48 N.W. 823,32 Neb. 105 |
| Parties | SMITH ET AL. v. STATE. |
| Court | Nebraska Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
Under the provisions of section 11, c. 50, Comp. St., each act of selling any of the liquors named in the section, as well as the act of giving away any of them, without a license so to do, is a crime. An information which charges in the same count the selling and giving away two or more of the liquors named in the section is defective, and is liable to a motion to quash. State v. Pischel, 16 Neb. 490, 20 N. W. Rep. 848.
Error to district court, Lancaster county; FIELD, Judge.Cassidy & Wolfe, for plaintiffs in error.
The Attorney General, for the State.
On the 6th day of May, 1889, the county attorney filed in the district court of Lancaster county an information charging “that Moses Smith and W. Kief, late of the county aforesaid, on the 1st day of February, A. D. 1889, in the county of Lancaster and state of Nebraska, aforesaid, did unlawfully sell, give away, and vend spirituous, vinous, and intoxicating liquors to Orin Snyder, Frank Martin, and P. H. Cooper, and to other persons to the county attorney unknown, without having first complied with the provisions of the Compiled Statutes of the state of Nebraska, and without first having taken out a license to sell, give away, and vend spirituous, vinous, and intoxicating liquors; the said above sales of spirituous, vinous, and intoxicating liquors by said Moses Smith and W. Kief, as aforesaid, being without authority, and contrary to the form of the statutes in such case made and provided, and against the peace and dignity of the state of Nebraska.” The defendants moved the court to quash the information for the following reasons: (1) The information is not direct and certain as regards the particular circumstances of the offense charged; (2) the offense charged is too uncertain and indefinite to plead thereto; (3) there is a misjoinder of parties defendant; (4) the offense charged is not indictable or triable upon information in the district court; (5) the information does not show that the defendants had a preliminary examination, or waived their right thereto, before a magistrate or officer, or that they were fugitives from justice; (6) the information does not set out the names of all the persons to whom the liquors are alleged to have been sold; (7) the information charges more than one offense. The motion was overruled, and the defendants excepted. The...
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Hans v. State
...11, chapter 50, Compiled Statutes, was properly imposed for each offense. (State v. Pischel, 16 Neb. 490, 20 N.W. 848; Smith v. State, 32 Neb. 105, 48 N.W. 823; Nichols v. State, 49 Neb. 777, 69 N.W. It is finally insisted that said chapter 33 of the Session Laws of 1889 is unconstitutional......
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Hans v. State
...fixed by section 11, c. 50, Comp. St., was properly imposed for each offense. State v. Pischel, 16 Neb. 490, 20 N. W. 848;Smith v. State, 32 Neb. 105, 48 N. W. 823;Nichols v. State (Neb.) 69 N. W. 99. It is finally insisted that said chapter 33 of the Session Laws of 1889 is unconstitutiona......
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State v. Brown
...Hull, 83 Iowa 112, 48 N.W. 917; State v. Wester, 67 Kan. 810, 74 P. 239; Commonwealth v. Fuller, 163 Mass. 499, 40 N.E. 764; Smith v. State, 32 Neb. 105, 48 N.W. 823; v. Mattison, 13 N.D. 391, 100 N.W. 1091; Kimbrell v. State, 7 Okla. Cr. 354, 123 P. 1027; State v. Anderson, 35 Utah 496, 10......
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Nichols v. State
...therein named, without license so to do, a misdemeanor. State v. Pischel, 16 Neb. 490, 20 N. W. 848, and 21 N. W. 468;Smith v. State, 32 Neb. 105, 48 N. W. 823. The information charges the defendant with the commission of three several and distinct misdemeanors, and, the offenses being of t......