State v. Becker

Summary

The South Dakota Supreme Court reversed a county court order sustaining a demurrer to an information, filed by an attorney appointed by the attorney general under section 12 of the 1890 prohibition-enforcement act (c. 101, Laws 1890), charging the defendant with keeping and maintaining a common nuisance. The court held that the legislature could constitutionally authorize the attorney general to appoint a prosecuting attorney; that the appointment, being alleged in the information, was admitted by demurrer; and that an information by the attorney general or a state's attorney could be made on information and belief. It sustained the act against the single-subject/title clause because the 'use' of liquors was a severable subject, upheld the statutory penalty against the cruel-punishment objection, and held that the defendant could not challenge provisions of the act not involved in his prosecution.