State v. Kaufmann
South Dakota Supreme Court
Appeal from Circuit Court, Moody County. Hon. E. G. Smith, Judge. Emma Kaufmann was convicted of manslaughter, and she appeals from an order denying a new trial. language which might be permitted to counsel in summing up in a civil case cannot with propriety be used by a public prosecutor, who is a quasi judicial officer, representing the People of the State and presumed to act impartially in the interest only of. justice.
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Appeal from Circuit Court, Moody County. Hon. E. G. Smith, Judge. Emma Kaufmann was convicted of manslaughter, and she appeals from an order denying a new trial. language which might be permitted to counsel in summing up in a civil case cannot with propriety be used by a public prosecutor, who is a quasi judicial officer, representing the People of the State and presumed to act impartially in the interest only of. justice. If he lays aside the impartiality that should characterize hie official action to become a heated partisan, and by vituperation of the prisoner and appeals to prejudice…
1Opinion of the CourtHaney, P. J.
This appeal is from an order denying defendant’s application for a new trial. Accused of murder she was found guilt}’- of manslaughter in the first degree,' the charge being *436that she caused the death of Agnes Polreis by inflicting three mortal wounds upon the head and two mortal wound's upon -the shoulders with a dangerous and deadly instrument to the informant unknown. The evidence disclosed that the deceased, then aged about 1-6 years, entered defendant’s home ,as a servant in February, 1906, and that she was removed therefrom to a hospital on the morning of June 1, 1906, where she died a…
2Cases cited3 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1892
- State v. PlaceSouth Dakota Supreme Court · 1906
3Cited by12 opinions
- In re EganSouth Dakota Supreme Court · 1909
- O'Neil v. StateWisconsin Supreme Court · 1926
- State v. NormanSouth Dakota Supreme Court · 1948
- Egan v. DotsonSouth Dakota Supreme Court · 1915
- People v. HailCalifornia Court of Appeal · 1914
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