State v. Holt

A jury found the defendant guilty of the crime of indecent molestation of a minor under fifteen years of age committed May 1, 1959. Thereafter an information was filed under the habitual criminal punishment law (SDC 13.0611-SDC 1960 Supp. 34.3009-1) charging defendant had been convicted of the same offense on October 6, 1959 in California; upon his admission that he was the same person so convicted he was sentenced to a term in the state penitentiary. The single question presented by this appeal is whether a new trial should be granted for the reason that while the jury was deliberating on…