Legal Opinion

State v. Stunkard

South Dakota Supreme Court

Decided November 14, 1911PublishedCited by 15 opinions

Appeal from Circuit Court, Moody County; Hon. J. W. JoNUñ, Judge. Mrs. Maliuda Stunkard and another were charged with crime, and from an order denying a new trial, after dismissing the action and discharging defendants, the State appeals.

1Opinion of the CourtHanky, J.

A demurrer on the ground that the information did not state a public offense having been overruled, a plea of not guilty entered, a jury impaneled, and a witness on behalf of the state called and sworn, the defendants objected to the admission of any evidence on the same ground as that stated in their demurrer. The objection was sustained, the jury was advised to return a verdict of not guilty, which was done, and an order or judgment was entered dismissing the action and discharging the defendants from custody. Subsequently the state applied for a new trial, which was refused, and it…

2Cases cited6 opinions

  1. McClain v. WilliamsSouth Dakota Supreme Court · 1897
  2. City of Huron v. CarterSouth Dakota Supreme Court · 1894
  3. Grigsby v. Minnehaha CountySouth Dakota Supreme Court · 1895
  4. Mandelert v. Superior Consolidated Land Co.Wisconsin Supreme Court · 1899
  5. State v. FinstadSouth Dakota Supreme Court · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. Waubun Nuwi Nini ( 11671)South Dakota Supreme Court · 1978
  2. State v. McEnroeNorth Dakota Supreme Court · 1939
  3. Downs v. Bruce Independent School District No. 49South Dakota Supreme Court · 1927
  4. State v. DavisSouth Dakota Supreme Court · 1957
  5. State v. OlsonSouth Dakota Supreme Court · 1983

10 more not listed; retrieve them via the Exa API.

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