Legal Opinion

State v. Egan

South Dakota Supreme Court

Decided June 30, 1921No. File No. 4846PublishedCited by 9 opinions

Appeal from Circuit Court, Minnehaha 'County. Hon. Frank B. Smith, Judge. The defendant, George W. Egan, was convicted of the offense of presenting false and fraudulent proofs in support of his claim for loss under a contract of insurance, and from a judgment of conviction, and from an order denying a new trial, he appeals.

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Appeal from Circuit Court, Minnehaha 'County. Hon. Frank B. Smith, Judge. The defendant, George W. Egan, was convicted of the offense of presenting false and fraudulent proofs in support of his claim for loss under a contract of insurance, and from a judgment of conviction, and from an order denying a new trial, he appeals. (2) To point two of the opinion, Appellant cited: Sec. 4717, R. C. 1919; Respondent cited, re demurrer: State v. 'Webb (N. D.) 162 N. W. 358; Peo. v. Grutz, L,. R. A. N. S. 1915D, 229. (3) To point three, Ajppellant cited: 12 Stand. Enc. of Proc. p. 426, and cases there…

1Opinion of the CourtWhiting, J.

Section 4271, R. C. 1919., is as follows:

“Sec. 4271. Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss, or who prepares, makes or subscribes any account, certificate, survey, affidavit, proof of loss, or other book, paper or writing with intent to present or use the same, or to allow it to be presented or used in support of any such claim', is punishable by imprisonment in the state penitentiary not exceeding three years, or by a fine not exceeding one…

2Cases cited5 opinions

  1. In re EganSouth Dakota Supreme Court · 1908
  2. In re EganSouth Dakota Supreme Court · 1916
  3. Bowdle v. JencksSouth Dakota Supreme Court · 1904
  4. In re EganSouth Dakota Supreme Court · 1917
  5. Lansing v. Michigan Central RailroadMichigan Supreme Court · 1906

3Cited by9 opinions

  1. State v. JohnsonSouth Dakota Supreme Court · 1965
  2. In re EganSouth Dakota Supreme Court · 1928
  3. State v. HaaseSouth Dakota Supreme Court · 1989
  4. United States v. Clifford Branan, United States of America v. Fred Jackson Fritts, United States of America v. Olen Lee HendonCourt of Appeals for the Sixth Circuit · 1972
  5. State v. WoodSouth Dakota Supreme Court · 1957

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