State v. Sexton
South Dakota Supreme Court
Error to Minnehaha county court. Hon. W. A Wilkes, ' Judge. On rehearing. Edward G. Sexton was convicted oí bastardy and brings error. In an opinion reported in 10 S. D. 127, 72 N. W. 84, the judgment was affirmed.
1Opinion of the CourtHaney, J.
The judgment herein having been affirmed, (10 S. D. 127, 72 N. W. 84), defendant petitioned for a rehearing on the ground that the court below w,as without jurisdiction. Ordinarily a rehearing will not be granted upon questions not discussed by counsel in .their briefs or which are not presented by the assignments of error. Tolman Co. v. Bowerman, 6 S. D. 206, 60, N. W. 751. But where circumstances are exceptional, and 'the question one that can be raised for the first time in this court, it may be the duty of the court to permit the presentation of such question by granting a rehearing. When…
2Cases cited2 opinions
- State v. SextonSouth Dakota Supreme Court · 1897
- McClain v. WilliamsSouth Dakota Supreme Court · 1898
3Cited by3 opinions
- State v. RoddleSouth Dakota Supreme Court · 1900
- Cox v. General Motors Acceptance Corp.South Dakota Supreme Court · 1932
- Barrett v. BarrettWyoming Supreme Court · 1914