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STATE v. MURPHY

No. 9189-A.

48 N.W.2d 225 (1951)

STATE v. MURPHY.

Supreme Court of South Dakota.

May 31, 1951.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Ellsworth E. Evans, Sioux Falls, for defendant and appellant.

Sigurd Anderson, Atty. Gen., W. O. Knight, Asst. Atty. Gen., Jerry Maher, State's Atty., Minnehaha County, Sioux Falls, for plaintiff and respondent.

SMITH, Judge.

The defendant was convicted of a violation of SDC 5.0226(2) which prohibits a licensee from selling intoxicating liquor to any person under the age of 21 years.

The first point argued by defendant is that he could not be guilty of the offense, not being a licensee.

The alleged sale was made in the Dakota Tavern, Inc., in the city of Sioux Falls. As the name indicates the Dakota Tavern is a corporation. The corporation was then the holder...

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