State v. Coleman
South Dakota Supreme Court
Error to circuit court, Paulk county; Hon. Loring E. Gaffy, Judge. Joseph P. Coleman was convicted of murder, and brings error. Before an instrument can be used as a standard of comparison, it must not only be already in evidence in the case, but it must be admitted or proved to be genuine. It must be shown to be the genuine production of the person whose handwriting is in question.
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Error to circuit court, Paulk county; Hon. Loring E. Gaffy, Judge. Joseph P. Coleman was convicted of murder, and brings error. Before an instrument can be used as a standard of comparison, it must not only be already in evidence in the case, but it must be admitted or proved to be genuine. It must be shown to be the genuine production of the person whose handwriting is in question. Roscoe’s Criminal Ev., Sec. 5; State v. Miller, 47 Wis. 530; 1 Greenleaf on Ev., Sec. 578; 1 Thompson on Trials, Sec. 1135; Underhill on Ev., Sec. 429; Williams v. Conger, 125 U. S. 397. A new trial should be…
1Opinion of the CourtCorson, P. J.
The plaintiff in error was indicted, tried, and convicted in the circuit court of Faulk county of the crime of murder, and sentenced to the penitentiary for the period of his natural life. A motion for new trial’was made and denied, and the case is now before us for review on writ of error.
The plaintiff in error, whom we shall hereafter denominate defendant, contends, first, that the evidence is insufficient to support his conviction; second, that the court erred in the *601admission and exclusion of evidence; third, that the court erred in its refusal to give to the jury certain instructions…
2Cases cited30 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Moore v. United StatesSupreme Court of the United States · 1893
- Kohl v. LehlbackSupreme Court of the United States · 1895
- Carlton v. PeopleIllinois Supreme Court · 1894
- Coleman v. . People of the State of N.Y.New York Court of Appeals · 1873
25 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. SteeleSouth Dakota Supreme Court · 1994
- State v. FeuilleratSouth Dakota Supreme Court · 1980
- State v. GerdesSouth Dakota Supreme Court · 1977
- State v. FergusonSouth Dakota Supreme Court · 1925
- State v. BoylesIdaho Supreme Court · 1921
14 more not listed; retrieve them via the Exa API.