Legal Opinion

State v. Kinney

South Dakota Supreme Court

Decided September 29, 1928No. File No. 6704PublishedCited by 2 opinions

1Opinion of the CourtBurch, P. J.

Defendant was convicted upon an information charging the sale of intoxicating liquor. The information did not charge that the act was a second offense, but during' the trial of the case on cross-examination it appeared! that defendant had been convicted of a prior offense of the same character. A day or two after the verdict of guilty and before sentence, the state’s attorney obtained an order to show cause why the defendant should not he sentenced as for a second offense. The application for the order to show cause was supported by an affidavit of the state’s attorney and by the records of…

2Cases cited11 opinions

  1. People v. JohnsonCalifornia Supreme Court · 1886
  2. Territory v. ConradSupreme Court Of The Territory Of Dakota · 1877
  3. Paetz v. StateWisconsin Supreme Court · 1906
  4. State v. JohnsonSupreme Court of North Carolina · 1886
  5. Bedell v. StateMississippi Supreme Court · 1874

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3Cited by2 opinions

  1. State v. SteffensonSouth Dakota Supreme Court · 1970
  2. State v. ReedSouth Dakota Supreme Court · 1954

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