State ex rel. Kotilinic v. Swenson
South Dakota Supreme Court
Appeal from circuit court, Minnehaha, county;; Hon.. Joseph W. Jones, Judge. .. Habeas corpus by the state, on the relation of Frank Kotil- • inic against O. S. Swenson, to obtain relator’s discharge from' imprisonment. From an order quashing the writ,-.relator appeals. The presence oí the defendant is absoluely necessary.' throughout the trial and the record must disclose his presence under our constitution and laws.
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Appeal from circuit court, Minnehaha, county;; Hon.. Joseph W. Jones, Judge. .. Habeas corpus by the state, on the relation of Frank Kotil- • inic against O. S. Swenson, to obtain relator’s discharge from' imprisonment. From an order quashing the writ,-.relator appeals. The presence oí the defendant is absoluely necessary.' throughout the trial and the record must disclose his presence under our constitution and laws. Sec. 2 and 7, art. - .6, Bil-l-oi Rights, S. D. Const.; Sec. 301, Rev. Cd. Crim., Proc.; Lewis1 v. U. S., 146 U.S. 370; Hooker v. Com., 13 Gratt. 763; Dunn v. Com., 6 Barr. 384;…
1Opinion of the CourtHaney, J.
This appeal is from an order of the circuit court remanding appellant to the custody of the warden of the state penitentiary. Prom the warden’s return to the writ of habeas corpus it appears that the appellant is detained under and by authority of a judgment of imprisonment for life, rendered by the circuit court within and for Buffalo county upon a conviction for murder.
It is contended that the appellant’s detention is unlawful (1) because the indictment upon which he was convicted is not sufficient to sustain the judgment under which he is held, and (2) because it does not appear from the…
2Cases cited7 opinions
- Dodge v. PeopleNebraska Supreme Court · 1876
- French v. StateWisconsin Supreme Court · 1893
- Schirmer v. PeopleIllinois Supreme Court · 1864
- Folden v. StateNebraska Supreme Court · 1882
- People v. Sing LumCalifornia Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. LohnesSouth Dakota Supreme Court · 1982
- State v. BergetSouth Dakota Supreme Court · 2014
- State v. McCahrenSouth Dakota Supreme Court · 2016
- Kost v. StateSouth Dakota Supreme Court · 1984
- State v. FaulkSouth Dakota Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.