State v. Marshall County
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. Frank B. Smith, Judge. G. B. Bindley was convicted of grand larceny in Marshall county.
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Appeal from circuit court, Marshall county. Hon. Frank B. Smith, Judge. G. B. Bindley was convicted of grand larceny in Marshall county. From an order sefusing to set aside an order directing Marshall county to pay an attorney appointed by the circuit court to argue the case on appeal on account of the disqualification of'the district attorney, Marshall county appeals. • ' The trial court had n j jurisdiction or authority to. appoint an attorney to prepare briefs and argue the case before the supreme ■ court and to fix his compensation therefor, and order payment there- ’ of by the county. It…
1Opinion of the CourtCorson, J.
This is an appeal by Marshall county from an order of the circuit court of that county made on the 8th day of August, 1900, denying the motion to vacate and set aside an order made by the Honorable Frank B. Smith, in the above entitled action, and ap- . proved by the Honorable A. W. Campbell, judge of the Fifth circuit, which order reads as follows: “The above entitled action having been taken to the supreme court on a writ of error; and it being necessary that A. Sherin, the attorney appointed by the court to prosecute said action, should attend to said case in the supreme court, and prepare…
2Cited by4 opinions
- State ex rel. Callahan v. HughesSouth Dakota Supreme Court · 1925
- County of Grant v. JonesSouth Dakota Supreme Court · 1920
- Simpson v. TobinSouth Dakota Supreme Court · 1985
- Simpson v. TobinSouth Dakota Supreme Court · 1985