State v. Vierck
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. FRANK 'B. Smith, Judge. H. J. Vierck was convicted of burglary, and appeals. The possession of stolen goods by the defendant and the evidence of track-s going in the direction of the defendant’s home and the fact that the defendant had been around the store on the evening before the burglary, was not enough to sustain a conviction for burglary.
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Appeal from Circuit Court, Brule County. Hon. FRANK 'B. Smith, Judge. H. J. Vierck was convicted of burglary, and appeals. The possession of stolen goods by the defendant and the evidence of track-s going in the direction of the defendant’s home and the fact that the defendant had been around the store on the evening before the burglary, was not enough to sustain a conviction for burglary. State v. Tilton, 24 la. 117; State v. Sheffer, 59 la., 290; Jones v. State, 6 Parker, 125; Whart. Crim. Ev., Sec. 763; Ingall v. State, 48 Wis. 647; Stewart v. People, 3 N. W. 863; Bishop’s Criminal Proc.,…
1Opinion of the CourtSmith, J.
The defendant was convicted of the crime of burglary in the third degree, in breaking and entering in the nighttime a certain saloon building occupied by one Frank Simons, with intent to steal the goods, chattels, and property of the said Frahk Simons then and there being. Defendant brings the case to this court for review lUpon alleged errors occurring at the trial. There are 28 assignments of error, but these are grouped and discussed by defendant’s counsel under four heads and may be considered by the court in the same order.
It is contended, first, that the court erred in overruling a…
2Cases cited3 opinions
- State v. BradySupreme Court of Iowa · 1903
- Cottington v. SwanWisconsin Supreme Court · 1906
- State v. HornSouth Dakota Supreme Court · 1907
3Cited by28 opinions
- State v. O'CONNORSouth Dakota Supreme Court · 1972
- State v. PeckSouth Dakota Supreme Court · 1967
- State v. O'CONNORSouth Dakota Supreme Court · 1978
- State v. ShullSouth Dakota Supreme Court · 1983
- State v. NelsonSouth Dakota Supreme Court · 1981
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