State v. Smith
South Dakota Supreme Court
Error to circuit court, Moody county. Hon. Joseph W. Jones, Judge. James Smith and others were indicted ior robbery. Smith having been granted a separate trial, was convicted, and brings error. The facts are stated in the opinion. The locus delicti must be proven. State v. Bank, 3 S. D. 52; Commonwealth v. Call, 21 Pick. 509; People v. Aleck, 61 Cal. 137; Boston v. State, 32 Am.
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Error to circuit court, Moody county. Hon. Joseph W. Jones, Judge. James Smith and others were indicted ior robbery. Smith having been granted a separate trial, was convicted, and brings error. The facts are stated in the opinion. The locus delicti must be proven. State v. Bank, 3 S. D. 52; Commonwealth v. Call, 21 Pick. 509; People v. Aleck, 61 Cal. 137; Boston v. State, 32 Am. Rep. 575; People v. Bevans, 52 Cal. 470. It was error to permit the informer Kephart, who was jointly indicted with plaintiff in error, to testify, no disposition having been made of his case. Comp. Laws, § 7379;…
1Opinion of the CourtHaney, J.
Defendant James Smith, having been granted a separate trial, was convicted of robbery, and sentenced to imprisonment in the penitentiary. He brings this action here for review upon writ of error.
It is contended by plaintiff in error that the evidence does not sustain the verdict, for the reason that the loms delicti has not been proven. This is not tenable. An examination of the entire record clearly discloses that the crime was committed in Moody county, in this state — the county alleged in the information, and in which the action was tried. We think a fair and reasonable construction of…
2Cited by8 opinions
- State v. ReeSouth Dakota Supreme Court · 1983
- Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
- Rhea v. United StatesSupreme Court of Oklahoma · 1897
- State v. ThorntonSouth Dakota Supreme Court · 1897
- Gibson v. AllenSouth Dakota Supreme Court · 1905
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