State v. Devers
South Dakota Supreme Court
Frank Devers was convicted of offering slaughtered beef for sale without exhibiting the hides, and appeals. Venue must be proved as laid in the information. State v. Crowley, 108 N. W. 941. If it is necessary to describe the place at all in the information and the same is described specifically therein, the proof must conform thereto-, substantially. State v. O'Neal, 124 N. W. 69. The cattle must be butchered at some place within this state.
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Frank Devers was convicted of offering slaughtered beef for sale without exhibiting the hides, and appeals. Venue must be proved as laid in the information. State v. Crowley, 108 N. W. 941. If it is necessary to describe the place at all in the information and the same is described specifically therein, the proof must conform thereto-, substantially. State v. O'Neal, 124 N. W. 69. The cattle must be butchered at some place within this state. The state must prove that the cattle were butchered by the defendant, and the place becomes one of the material elements of the crime. In this case the…
1Opinion of the CourtWhitin'G, P. J.
The defendant and appellant was convicted of-a violation of section 2945, Pol. Code, which provides: “It shall be unlawful for any person or persons who occasionally slaughter cattle for beef to offer for sale said beef without exhibiting the hide or hides of such beef at the time and place said beef is offered for sale.” From the judgment of conviction and an order denying a new trial, he has appealed. Appellant has assigned numerous errors which present but a few separate questions.
[1] Appellant complains of certain rulings of the court admitting testimony. While the record presented to…
2Cases cited4 opinions
- State v. BrennanSouth Dakota Supreme Court · 1891
- Wilson v. Western Surety Co.South Dakota Supreme Court · 1913
- McBride v. WallaceNorth Dakota Supreme Court · 1908
- McQueen v. Bank of EdgemontSouth Dakota Supreme Court · 1906
3Cited by8 opinions
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Moberg v. ScottSouth Dakota Supreme Court · 1919
- Eachus v. PeopleSupreme Court of Colorado · 1951
- Flathers v. Wilson & Co.South Dakota Supreme Court · 1934
- Brady v. CooperSouth Dakota Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.