State v. Keliher
South Dakota Supreme Court
Appeal from' Circuit Court, Pennington County; Hon. Warter G. Miser, Judge. Maurice Keli'her was convicted of assault and battery with a sharp and dangerous weapon with intend to- do' bodily 'harm, and he appeals.
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Appeal from' Circuit Court, Pennington County; Hon. Warter G. Miser, Judge. Maurice Keli'her was convicted of assault and battery with a sharp and dangerous weapon with intend to- do' bodily 'harm, and he appeals. (2) and (3) To points two and' three of the opinion, Appellant cited: Grissel v. Bank, 12 S, D. 93; Barker v. Coates, 34 S. D. 291; 14 R. C. L. 786; Thompson on Trials, Sec. 2295; Blashfield, Vol. 1, 183, Sec. 82; 'Sullivan v. Lyons et al, 31 S. D. 189, 140 N. W., 235'; People v. Gleason, 122 Cal. 379; 35 Pac. 123; 14 R. C. L. 775, Sec. 43; Guinard v. Knapp-Stout (Wis.), 62 N. W.…
1Opinion of the CourtPolley, J.
Appellant was convicted of an assault and battery with a sharp and dangerous weapon with intent to do bodily harm without justifiable or excusable cause. The defense *487admits that appellant struck and inflicted a severe wound on the complaining witness with a knife, but claims that he did it in defending himself against an unprovoked assault made upon him by complaining witness. The state admits that complaining witness struck appellant, but claims- that it was not done until after he had' been assaulted by appellant with the knife.
[1] Appellant challenges the sufficiency of the evidence to…
Also in this document: Concurrence.
2Cases cited1 opinion
- State v. IsaacsonSouth Dakota Supreme Court · 1895
3Cited by6 opinions
- United States of America, Ex Rel. Ted Means v. Herman Solem, Warden, South Dakota State Penitentiary, Sioux Falls, South DakotaCourt of Appeals for the Eighth Circuit · 1980
- State v. HuthSouth Dakota Supreme Court · 1983
- United States Ex Rel. Means v. SolemDistrict Court, D. South Dakota · 1979
- State v. WoodSouth Dakota Supreme Court · 1943
- Stoebner v. S. DAK. FARM BUREAU MUT. INS.South Dakota Supreme Court · 1999
1 more not listed; retrieve them via the Exa API.