State v. Finder
South Dakota Supreme Court
Error to circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Plaintiff in error was convicted of an assault. The facts are stated in the opinion. The judge of the trial court making an order changing judges has no jurisdiction to receive a verdict in a case tried by the judge called in, nor to make any order whatever in such case; his authority thereafter was no more than that of a mere stranger.
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Error to circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Plaintiff in error was convicted of an assault. The facts are stated in the opinion. The judge of the trial court making an order changing judges has no jurisdiction to receive a verdict in a case tried by the judge called in, nor to make any order whatever in such case; his authority thereafter was no more than that of a mere stranger. Lawrs of 1891, Chap. 50, § 1; State v. Henning, 3 S. D. 492; State v. Palmer, 4. S. D., 543; State v. Daniels, 66 Mo. 192; Fatt v. Fatt, 48 N. W. 52; Riñes v. Boyd, 7 Wis. 155; MeClure v.…
1Opinion of the CourtCobson, P. J.
The plaintiff in error was indicted for an assault with a dangerous weapon with intent to do bodily harm, and was by a jury convicted of an assault upon which he was adjudged to pay a fine of $50. He thereupon sued out a writ of error, upon which the case is now before this court. Prior to the trial the defendant made and filed an affidavit of prejudice on the part of Judge Gaffy, judge of the Sixth circuit, and, under the provisions of Section 1, Chap. 50, Laws 1891, he called in Judge Cami’BELl, of the Fifth circuit, to try the case. At the conclusion of the trial, and after the jury -had…
2Cases cited8 opinions
- State v. ReddingtonSouth Dakota Supreme Court · 1895
- State v. ShepardSupreme Court of Iowa · 1859
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- State v. O'KaneSupreme Court of Kansas · 1880
- State v. PalmerSouth Dakota Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. MierSouth Dakota Supreme Court · 1952
- State v. FinderSouth Dakota Supreme Court · 1900
- State v. RussellNorth Dakota Supreme Court · 1909
- State v. ShevlinSouth Dakota Supreme Court · 1923