Legal Opinion

State v. McPherson

South Dakota Supreme Court

Decided January 6, 1913PublishedCited by 9 opinions

Appeal from Circuit Court, Meade County. Hon. Wiu.iam G. Rice, Judge. The defendants Donald A. McPherson, Frank M. Stewart, and others were indicted for a violation of Sees. 29 and .30, Chap. 222, Daws 1909, concerning banks and banking. From an order sustaining the separate demurrer of defendant Frank M. Stewart and discharging him, the State appeals. Chapter 222 of the Session Daws of 1909 embraces but one subject, which is clearly expressed in the title.

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Appeal from Circuit Court, Meade County. Hon. Wiu.iam G. Rice, Judge. The defendants Donald A. McPherson, Frank M. Stewart, and others were indicted for a violation of Sees. 29 and .30, Chap. 222, Daws 1909, concerning banks and banking. From an order sustaining the separate demurrer of defendant Frank M. Stewart and discharging him, the State appeals. Chapter 222 of the Session Daws of 1909 embraces but one subject, which is clearly expressed in the title. The provision of the Constitution of the' state of South Dakota which is alleged to have been violated by sections twenty-nine and thirty…

1Opinion of the CourtMcCOY, P. J.

In this Case defendants were jointly indicted by a grand jury of Meade county charged with the offense of allowing and permitting shareholders of a bank to become indebted thereto at one time in excess of 50 per cent, of the paid-up capital stock of such bank, contrary to the provisions of sections 29 and 30 of chapter 222, Laws of 1909, and which indictment in substance was as follows: “The grand jurors of the state of South Dakota, within and for the county of Meade, Eighth judicial circuit, duly and legally impaneled, charged, and sworn according to law, in the name of and by the authority…

2Cases cited11 opinions

  1. State v. BeckerSouth Dakota Supreme Court · 1892
  2. State v. MorganSouth Dakota Supreme Court · 1891
  3. Byrne v. DrainCalifornia Supreme Court · 1900
  4. Morrow v. WipfSouth Dakota Supreme Court · 1908
  5. State v. LehmanSupreme Court of Missouri · 1904

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Independent Community Bankers Ass'n of South Dakota v. State Ex Rel. MeierhenrySouth Dakota Supreme Court · 1984
  2. State v. KirbySouth Dakota Supreme Court · 1914
  3. State v. PointerOregon Supreme Court · 1923
  4. State v. SettleSupreme Court of Missouri · 1932
  5. State v. BrownSouth Dakota Supreme Court · 1918

4 more not listed; retrieve them via the Exa API.

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