Legal Opinion

State v. Pearse

South Dakota Supreme Court

Decided January 25, 1905PublishedCited by 3 opinions

Error to circuit court, Lyman county; TTon. Prank B. Smith, Judge. James M. Pearse was convicted of grand larceny, and he brings error.

1Opinion of the Court

Puller, J,

Under an information charging plaintiff in error with the crime of grand larceny, he was tried, found guilty as charged, and sentenced to a term in the penitentiary.

Under the theory that the record tails to disclose the presence of the accused at any time essential to the trial, a reversal is sought for reasons specified as follows: “Because plaintiff in error was never arraigned upon the information upon which he was tried, nor called upon to enter a plea thereto, and that he has never entered any plea to said information, as is manifest of record. That plaintiff in error was not…

2Cases cited9 opinions

  1. Morgan v. StateNebraska Supreme Court · 1897
  2. People v. RozelleCalifornia Supreme Court · 1888
  3. Gray v. StateSupreme Court of Alabama · 1879
  4. Anderson v. CommonwealthSupreme Court of Virginia · 1902
  5. State ex rel. Kotilinic v. SwensonSouth Dakota Supreme Court · 1904

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

3Cited by3 opinions

  1. Kost v. StateSouth Dakota Supreme Court · 1984
  2. State v. OrricerSouth Dakota Supreme Court · 1963
  3. State v. ParksSouth Dakota Supreme Court · 1914

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