Legal Opinion

State v. Stevens

South Dakota Supreme Court

Decided January 10, 1891PublishedCited by 6 opinions

Error to circuit court, Codington county. Hon. J. O. Andrews, Judge. The facts and nature of the proceedings are fully stated in the opinion. The names of the material witnesses only and those relied upon to sustain the indictment, need be inserted at the foot of the indictment under the provisions of Section 7236, Comp. Laws.

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Error to circuit court, Codington county. Hon. J. O. Andrews, Judge. The facts and nature of the proceedings are fully stated in the opinion. The names of the material witnesses only and those relied upon to sustain the indictment, need be inserted at the foot of the indictment under the provisions of Section 7236, Comp. Laws. Calaveras Co. v. Brockway, 30 Cal. 326; People v. Symonds, 22 Cal. 340; People v. Freeland, 6 Cal. 96; State v. Cook, 1 Pac. 32; State v. Teissedre, 2 Pac. 650; State v. Hollingsworth, 6 S. E. 417; State v. Shores, 7 S. E. 414; Com. v. Minor, 13 S. W. 5; People v.…

1Opinion of the CourtBennett, J.

The defendant was indicted at the May, *4811890, term of the circuit court of Codington county for obtaining money under false pretenses. He moved to quash the indictment for the reason that the names of two certain witnesses, whom he alleges were examined by the grand jury in relation to the case, were not indorsed upon the indictment prior to its return. The court sustained the motion, whereupon the state appealed.

Section 7236, Comp. Laws, says: “When an indictment is found, the names of the witnesses examined before the grand jury must, in all cases, be inserted at the foot of the…

2Cited by6 opinions

  1. State v. McDonaldOregon Supreme Court · 1961
  2. State v. ChurchSouth Dakota Supreme Court · 1894
  3. State v. AndrewsOregon Supreme Court · 1899
  4. State v. WarrenOregon Supreme Court · 1902
  5. State v. SmithSouth Dakota Supreme Court · 1930

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