195 N.W. 445 | S.D. | 1923
The defendant was convicted of the crime of transporting intoxicating liquor from a point within Deuel county to another point in said county, in violation of section 10303, Rev. Go.de 1919. He appeals from the judgment and an order denying new trial.
The evidence tended to show that defendant and one Massey left Clear Lake in defendant’s automobile about 8 p. m.; that they met one Strube at Altamont, and asked him if there was any “■hootch” around; that Strube told him it could be obtained at the farm of Aasmussen; that all three -of them1 went to that farm; that either defendant or Massey asked Aasmussen if he had anything to drink, and upon being informed that he had, asked the price; that Aasmussen said it was $5 a^quart';'that-either defend
“It shall be unlawful for any person to carry or transport any intoxicating liquors, * * * in any wagon, buggy, automobile, automobile truck or other vehicle, or in any other manner, from any point in this state * * * to any point in this state, * * *.”
Even if the word transported be given the limited meaning contended for, which we do not grant, yet, from the words “carry * * * in any other manner” it is entirely clear to us that either of the supposed methods of carrying would constitute a violation of said section.
Finding no error in the record, the judgment and order appealed from are affirmed'.
Note. — Reported, in 195 ¡N. W. 445. See, Headnolte (1), American Key-Numbered Digest, Intoxicating liquors, Key-No. 138, 23 Cyc. 174; (2) Criminal law, Key-No. 507= (1), 16 C. J. Sec. 1'397 (1924 Anno.); (3) Intoxicating liquors, Key-No. 236:(20), 23 Cyc. 274; (4) Intoxicating liquors, Key-No. 236(13), 2-3 Cyc. 265.
On sufficiency of evidence in prosecution for transporting intoxicating liquors, see note in 46 L. R. A. 420.