Legal Opinion

State v. Yeager

South Dakota Supreme Court

Decided September 3, 1918No. File No. 4338PublishedCited by 4 opinions

Appeal from Circuit Court, Beadle County. Hon. Arva E. Tayror, Judge. The defendant, Horace Yeager, was convicted of the-crime of rape, and he appeals. (1) To point one of the -opinion, Appellant cited: •State v. Rig'g's, 25 S. D. 277; Code Civ. P-r-a-c.

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Appeal from Circuit Court, Beadle County. Hon. Arva E. Tayror, Judge. The defendant, Horace Yeager, was convicted of the-crime of rape, and he appeals. (1) To point one of the -opinion, Appellant cited: •State v. Rig'g's, 25 S. D. 277; Code Civ. P-r-a-c. Secs. 224, 272; State v. Valentine, (-S-. D.) 63 N. W. 541; State v. Rash, 27 S. D. 185-; 22 Cyc. 407. Respondent cited: State v. Irwin, 17 S. D. 381; Shirley v. Commonwealth, 136 S. W. 227; 143 Ky. 143; State v. Tat-man, 132 S. W. 42; Cooper v. State, (Tex.) 162 S. W. 364; Bishop’s New Cr-im. Proc., sec. 454 (2). (2) To point two, Appellant…

1Opinion of the CourtWh'Iting, P. J.

Defendant was convicted, of rape, and, appeals from, the judgment and an -order refusing a new trial.

The information filed in -circuit court charged ith-at the crime w-as -committed on February 20, 1914. In his opening statement to the jury the state’s attorney stated that “the state expects to show that along in February, 1914, * * * -defendant had intercourse with her [the complaining witness-] a-t — -in a coal -shed! at the schoolhouse; * * *” and evidence supporting s-uch statement was introduced upon the trial. The state, over objection, was permitted to introduce evidence tending -t-o…

2Cases cited10 opinions

  1. People v. JennesMichigan Supreme Court · 1858
  2. Morris v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. People v. KollerCalifornia Supreme Court · 1904
  4. State v. RobertsonSupreme Court of North Carolina · 1897
  5. State v. RobySupreme Court of Minnesota · 1915

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

3Cited by4 opinions

  1. State v. McPaddenSupreme Court of Minnesota · 1921
  2. State v. BallardSouth Dakota Supreme Court · 1948
  3. State v. DachtlerSouth Dakota Supreme Court · 1920
  4. State v. AndersonSouth Dakota Supreme Court · 1931

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