State v. Dorman
South Dakota Supreme Court
Error to circuit court, Lyman county. Hon. Prank B. Smith, Judge. Robert Dorman was convicted of removing growing timber from, school lands, and brings error. The facts are stated in the opinion. The indictment charged both a felony and a misdemeanor, and it is reasonable to infer that the jury were misled. State v. Hafsoos, 1 S. D. 382, 47 N. W. 400. Defendant has a right to know the exact nature of the offense charged against him.
Read the full summary
Error to circuit court, Lyman county. Hon. Prank B. Smith, Judge. Robert Dorman was convicted of removing growing timber from, school lands, and brings error. The facts are stated in the opinion. The indictment charged both a felony and a misdemeanor, and it is reasonable to infer that the jury were misled. State v. Hafsoos, 1 S. D. 382, 47 N. W. 400. Defendant has a right to know the exact nature of the offense charged against him. State v. Burchard, 4 S. D. 548, 57 N. W. 491. Criminal intent must be shown. § 6215, Comp. Laws; U. S. v. Adams, 2 Dak. 329; People v. Powell, 63 N. Y. 88; Com.…
1Opinion of the CourtCorson, P. J.
The defendant was indicted, tried and convicted of the offense of removing growing timber from' school lands belonging to the state, and was sentenced to pay a fine of $1,025, and to stand committed until the fine should be paid. The case comes before us on writ of error to the circuit court of Lyman county. The indictment charges that on the 11th day of July, 1895, at the county of Lyman, state of South Dakota, did willfully, feloniously and unlawfully cut and remove from section 16, township 106, range 74, in said county of Ly*530man, which, section was then and there school and public land of…
2Cases cited1 opinion
- State v. SasseSouth Dakota Supreme Court · 1894
3Cited by9 opinions
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1906
- State v. KlueberSouth Dakota Supreme Court · 1965
- State v. SchullSouth Dakota Supreme Court · 1938
- State v. BarrSouth Dakota Supreme Court · 1976
- State v. WhitmanSouth Dakota Supreme Court · 1927
4 more not listed; retrieve them via the Exa API.