Legal Opinion

State v. Masteller

South Dakota Supreme Court

Decided June 21, 1972No. File 10913PublishedCited by 14 opinions

1Opinion of the Court

HANSON, Presiding Judge.

Defendant appeals from a conviction of driving a motor vehicle while under the influence of alcoholic liquor in the District County Court of Jones County.

At the outset of the trial defendant's motion to dismiss the complaint was properly denied. In describing the offense in a criminal complaint, information or indictment it is only necessary to designate the same "in such a manner as to enable a person of common understanding to know what is intended." SDCL 23-32-12(6). The complaint filed against defendant fully conforms to this standard. There is no requirement the…

2Cases cited4 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. State v. BattermanSouth Dakota Supreme Court · 1961
  3. State v. DaleSouth Dakota Supreme Court · 1939
  4. City of Milwaukee v. RichardsWisconsin Supreme Court · 1955

3Cited by14 opinions

  1. Commonwealth v. ConnollyMassachusetts Supreme Judicial Court · 1985
  2. State v. HuettlSouth Dakota Supreme Court · 1985
  3. State v. MotzkoSouth Dakota Supreme Court · 2006
  4. State v. HullingerSouth Dakota Supreme Court · 2002
  5. State v. TownsendSouth Dakota Supreme Court · 1975

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