State v. Smith

The only question presented on this appeal is the meaning of the language used in SDC 34.3304 which provides that when a jury trial is demanded in a criminal action “the action shall be tried at the next regular term of court.” The majority opinion states that: “If accused demands a jury trial the action must be set down for trial at the next regular term and this refers to the regular term succeeding, the one at which the demand is made.” In this case the defendant was held to answer at the January term. The information was filed, and he was arraigned at the February term, and at that time…