Legal Opinion · Dissent

State v. Husman

South Dakota Supreme Court

Decided July 15, 1939No. File No. 8203Published

1DissentPOLLlEY, J.

I am not able to concur with the majority of the court in an affirmance of the conviction of the defendant in this case. In the first place, I think the showing made by the defendant in support of his application for a change of place of trial should have been granted. I think also that the conviction, so far at least as the act charged in the information is concerned, is based very largely upon incompetent and immaterial evidence and that if such evidence were excluded from the record there would not be sufficient competent evidence left to support the conviction.

Defendant, with his wife and…

2Cases cited13 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. State v. NashSupreme Court of Iowa · 1858
  3. People v. RobinsonNew York Court of Appeals · 1937
  4. Jamison v. PeopleIllinois Supreme Court · 1893
  5. Murray v. BuellWisconsin Supreme Court · 1889

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