State v. La Croix
South Dakota Supreme Court
Error to circuit court, Buffalo county. Hon. D. Haney, Judge. Defendant was convicted of burglary, and brings error. The facts are stated in the opinion. Ownership of both building and personalty are material facts, which must be proved as laid. 1 Bish. Cr. Proc.
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Error to circuit court, Buffalo county. Hon. D. Haney, Judge. Defendant was convicted of burglary, and brings error. The facts are stated in the opinion. Ownership of both building and personalty are material facts, which must be proved as laid. 1 Bish. Cr. Proc. (3d Ed.), § 4882; 2 Russell on Crimes, (5 Ed.), 41.; Neiderluct v. State, 17 S. W. 467; State v. Dudley, 7 Wis. 664; Bromley v. People, 37 N. E. 209. The firm name was correctly given, and it was the firm which owned the goods. State v. Nelson, 14 S. W. 718.
1Opinion of the CourtFuller, J.
Upon a duly verified information plaintiff in error was prosecuted for and found guilty of the crime of burglary in the third degree, and from a judgment of conviction *371error is brought to this court for review. Sec. 3, c. 64, Laws 1895, requires that an. offense in an information “shall be stated with the same precision and fullness in matters of substance, as is now required in indicting in like cases. ” The allegations of the information are conceded to be entirely sufficient, so far as they relate to the party charged and to the particular circumstances of the offense, but counsel for…
2Cases cited8 opinions
- People v. BarkerMichigan Supreme Court · 1886
- State v. DavisWest Virginia Supreme Court · 1888
- Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
- People v. ArceoCalifornia Supreme Court · 1867
- State v. EmmonsSupreme Court of Iowa · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. JohnsonSouth Dakota Supreme Court · 1965
- Davis v. Holy Terror Mining Co.South Dakota Supreme Court · 1906
- State v. ShanleySouth Dakota Supreme Court · 1905
- McCabe v. DesnoyersSouth Dakota Supreme Court · 1906
- Flathers v. Wilson & Co.South Dakota Supreme Court · 1934
6 more not listed; retrieve them via the Exa API.