SIOUX FALLS v. JAGER, 69 S.D. 578 (1944)

13 N.W.2d 52

CITY OF SIOUX FALLS, Respondent, v. JAGER, Appellant

File No. 8656.Supreme Court of South Dakota.
Opinion filed February 11, 1944.

Criminal Law.

Where respondent filed in Supreme Court written confession of error in which there were certain recitals of questions asked relating to prior prosecution and an examination of record indicated that there was prejudicial error, judgment was reversed.

Appeal from Municipal Court of City of Sioux Falls; Hon. Walter Conway, Judge.

Proceeding by the City of Sioux Falls against Emily Jager on an information charging defendant with sale of liquor. From an adverse judgment, defendant appeals.

Reversed.

Louis H. Smith, of Sioux Falls, for Appellant.

Roy D. Burns and R.G. May, both of Sioux Falls, for Respondent.

PER CURIAM.

An information was filed charging the defendant with the sale of liquor on a certain day in March, 1943. The respondent has filed in this court a written confession of error in which there are certain recitals of questions asked relating to prior prosecutions.

An examination of the record indicates that there is prejudicial error and that the judgment cannot be sustained. State v. Dansky, 69 S.D. 311, 9 N.W.2d 752.

The judgment and order appealed from are reversed.

All the Judges concur, except SMITH, J., absent and not sitting.

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