State v. Matejousky
South Dakota Supreme Court
Error to Circuit Court, Stanley County. Hon. LymAN T. Boucher, Juclg-e. Frank Matejousky was convicted of larceny of a horse, and brings error. At common law it was sufficient to describe the property as a horse or horses, but within states having statutes such as our Chap. 151, laws of 1903, such a description is insufficient. The word horse, when uised in an information in a state having such a statute, is not used in its generic sense.
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Error to Circuit Court, Stanley County. Hon. LymAN T. Boucher, Juclg-e. Frank Matejousky was convicted of larceny of a horse, and brings error. At common law it was sufficient to describe the property as a horse or horses, but within states having statutes such as our Chap. 151, laws of 1903, such a description is insufficient. The word horse, when uised in an information in a state having such a statute, is not used in its generic sense. If the word means anything under such a statute, it indicates a stallion Banks v. State, 28 Tex. 648, State v. Buckle; 26 Kan. 24 t; State v. Brook-house,…
1Opinion of the CourtHaney, P. J.
On July 9, 1906, when the information in this case was filed in the circuit court, Gay Grant’s name was not indorsed thereon. On January 16, 1907, when the cause was called for trial, the state’s attorney asked leave to indorse Grant’s name, stating that it was not known to him when the info*, mation was filed. Defendant objected on the ground that it appeared from the papers on file in the case that a subpoena was issued by the state’s attorney for the witnesses, before the then present term of court; that the witness was known to> the state’s attorney before the commencement of the then…
2Cases cited10 opinions
- People v. PicoCalifornia Supreme Court · 1882
- State v. ReddingtonSouth Dakota Supreme Court · 1895
- People v. MonteithCalifornia Supreme Court · 1887
- Banks v. StateTexas Supreme Court · 1866
- State v. KingSouth Dakota Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. SpauldingSupreme Court of North Carolina · 1975
- State v. HoffmanSupreme Court of North Carolina · 1972
- State v. FulwiderSouth Dakota Supreme Court · 1912
- State v. CherringtonSouth Dakota Supreme Court · 1914
- State v. ButlerSouth Dakota Supreme Court · 1946
8 more not listed; retrieve them via the Exa API.