Legal Opinion

State v. Kirby

South Dakota Supreme Court

Decided July 13, 1914PublishedCited by 20 opinions

Appeal from Circuit Court, Hamlin Co-unty. Hon. Carl G. Sherwood, Judge. The 'defendant,' Joe Kirby, was convicted of the offense of hunting game -birds without a license, and he appeals. (4) Under .point four of tire opinion, Appellant cited: 1 JJish. New Cr. Proc., Secs. 636-642; State v. Turnbu-ll, 6 Atl. (Me.) 1; Burke v. State, 52 Ind. 522; Comm. v. Maxwell, 2 Pick.

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Appeal from Circuit Court, Hamlin Co-unty. Hon. Carl G. Sherwood, Judge. The 'defendant,' Joe Kirby, was convicted of the offense of hunting game -birds without a license, and he appeals. (4) Under .point four of tire opinion, Appellant cited: 1 JJish. New Cr. Proc., Secs. 636-642; State v. Turnbu-ll, 6 Atl. (Me.) 1; Burke v. State, 52 Ind. 522; Comm. v. Maxwell, 2 Pick. (Mass.) 139; Hirn v. State, 1 Ohio St. 15-23; Gee Wo- v. State, 54 N. W. (Nebr.) 513; State v. Trefet'hern, 8 Atl. (Me.) 547; Jansen v. State, 19 N. W. (Wis.) 372; People v. Telford, 23 N. W. (M'ich.) 213; State v. Narrows…

1Opinion of the Court

GATES, J-

Defendant was convicted in the Circuit Court, upon appeal from a conviction in Justice Court, of the offense of hunting game birds without having procured a license. He was adjudged to pay a fine of $25.00 and costs. From- this judgment he appeals to this Court.

[1-3] At the conclusion of the trial defendant’s counsel asked the court to advise the jury to acquit the'defendant because the facts; proven did not constitute an offense. No grounds, were specified wherein there had been a failure of proof. Because of the denial of such motion, and in the absence of a motion for a new trial,…

2Cases cited15 opinions

  1. Vernor v. Secretary of StateMichigan Supreme Court · 1914
  2. State v. BeckerSouth Dakota Supreme Court · 1892
  3. State v. MorganSouth Dakota Supreme Court · 1891
  4. Morrow v. WipfSouth Dakota Supreme Court · 1908
  5. Poole v. PeopleSupreme Court of Colorado · 1898

10 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  2. A. F. Estabrook Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1918
  3. Wheelon v. South Dakota Land Settlement BoardSouth Dakota Supreme Court · 1921
  4. Barnsdall Refining Corp. v. WelshSouth Dakota Supreme Court · 1936
  5. State v. JerkeSouth Dakota Supreme Court · 1949

15 more not listed; retrieve them via the Exa API.

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