State v. Cotton
South Dakota Supreme Court
Appeal from Circuit Court, Day .County. Hon. Thomas L. Boucic, Judge. The defendant, Arthur Cotton, was convicted of assault and ■battery, and from 'an order denying- a motion in arrest -of' judgment, he appeals. (2) To point two of the opinion, Appellant cited; Const. Art. 6, Sec. 7; Code Cr. P'roc. 'Sec. 89; Pen. Code, Secs. 310, 31 x, 409; McClain on Criminal Daw, (Vol. 1, p. 239.) ; State v. Marcks (N. D.) 58 N. W. 25; Cyc.
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Appeal from Circuit Court, Day .County. Hon. Thomas L. Boucic, Judge. The defendant, Arthur Cotton, was convicted of assault and ■battery, and from 'an order denying- a motion in arrest -of' judgment, he appeals. (2) To point two of the opinion, Appellant cited; Const. Art. 6, Sec. 7; Code Cr. P'roc. 'Sec. 89; Pen. Code, Secs. 310, 31 x, 409; McClain on Criminal Daw, (Vol. 1, p. 239.) ; State v. Marcks (N. D.) 58 N. W. 25; Cyc. Vol. 3, p. 1042. Respondent cited: Mulloy v. State, 58 Neb. 209, 78 N. W. 525. (3) To point three of the opinion, Respondent cited: Pen. Code, Sec. 314; Bittick v.…
1Opinion of the Court
SMITH, J-
Appellant was charged with the crime of assault with intent to do great bodily injury. The information contained no allegation of battery or personal violence. The verdict was for assault and battery. From an order denying a motion in arrest of judgment, defendant appeals.
[1,2] That' portion of the information material upon this appeal alleges that the accused' — •
“offered to assault, and did assault, the said * * * by raising said spade over the head of the said * * * and with the said spade, motioning and striking at and toward the said * * * with intent to do great bodily harm to…
2Cases cited11 opinions
- People v. McDanielsCalifornia Supreme Court · 1902
- Bittick v. StateTexas Supreme Court · 1874
- People v. HelbingCalifornia Supreme Court · 1882
- State v. MarcksNorth Dakota Supreme Court · 1894
- Bryant v. StateSupreme Court of Arkansas · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wallace P. Felicia v. United StatesCourt of Appeals for the Eighth Circuit · 1974
- State v. GodlaskySouth Dakota Supreme Court · 1923
- Greene v. City of GulfportSupreme Court of Florida · 1958
- Parks v. StateCourt of Criminal Appeals of Oklahoma · 1918
- State Ex Rel. King v. JamesonSouth Dakota Supreme Court · 1944