195 N.W. 500 | S.D. | 1923
Information charging the defendant with the
unlawful sale of intoxicating liquors to one Ole P. Brunstuen, at Summit, this state. It appears that the defendant came to the Brunstuen store to do some trading. Brunstuen asked Van Erem if he could find some liquor, to cure a cold. Defendant replied he had none, and1 did not know just where there was any. Then Brunstuen asked him- if he did not think he could find somebody that had liquor; that he was sick and needed it. Defendant said he would look around and see if he could find anybody that had some, and, if he located any he was to leave it right in the corner in the back part of the store near the- desk. Eater Brunstuen found a pint 'bottle of intoxicating liquor at the place designated and drank it. Defendant did not ask for any pay for it, but Brunstuen had an account of about $2 charged against defendant on a slip. When Brunstuen found the liquor, he tore up the slip and told the defendant he found it all right. Defendant said, “All right.” Brunstuen did not see the defendant leave the liquor in the corner, and did not know who left it there; but he thought the defendant brought it, because he was the one that 'was asked to look around to find some liquor. Defendant’s wife testified that she was in the store on the occasion that Brunstuen testified to, and heard them talking about some liquor; she heard them mention a man by the name of Peterson, who possessed ro"”c liquor.
Order denying motion for a new trial and judgment is affirmed.
Note. — Reported in 195 N. W. 500. See, Headnote, American Key-Numbered Digest, Intoxicating liquors, Keyi-No. 236(11), 23 Cyc. 267.