State v. Sonnenschein
South Dakota Supreme Court
Appeal from Circuit Court, Stanley County. Hon. James McNenny, Judge. The defendant, Herman Sonmenschein, was convicted of grant larceny; and from a judgment of conviction, and from an order denying a new trial, he appeals. (i) To point one of the opinion, Appellant cited: Const. Art. 5, Sec. 21. Respondent cited: Const. Art. 5, Secs. 20, 21; Latimer v. State, 55 Neb. 609, 76 N. W. 207, 70 Amer.
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Appeal from Circuit Court, Stanley County. Hon. James McNenny, Judge. The defendant, Herman Sonmenschein, was convicted of grant larceny; and from a judgment of conviction, and from an order denying a new trial, he appeals. (i) To point one of the opinion, Appellant cited: Const. Art. 5, Sec. 21. Respondent cited: Const. Art. 5, Secs. 20, 21; Latimer v. State, 55 Neb. 609, 76 N. W. 207, 70 Amer. St. Rep. 403; Van Curen v. State, (Neb.) 91 N. W. 201; Allor v. Wayne Co., 43 Mich. 76, 4 N. W. 492; In re Election Court, 204 Pa. 92, 53 Atl. 784; Code Crim. Proc. Sec. 90; People v. Crespi, (Cal.)…
1Opinion of the CourtWhiting, J.
Defendant was convicted, in the circuit court of Stanley county, of the crime of grand larceny. From the judgment of conviction and an order denying a new trial, this appeal was taken.
[1] Defendant moved the dismissal of the information filed in the circuit court because the preliminary hearing was held before a county judge. He -contends that, under the Constitution of this state (section 21, art. 5), such officer was without authority to ocimduot such hearing. Such section provides that: “The county court shall not have jurisdiction in cases of felony.” The statutes provide (chapter 186,…
2Cases cited9 opinions
- People v. CrespiCalifornia Supreme Court · 1896
- Union Pacific Railway Co. v. HandSupreme Court of Kansas · 1871
- Latimer v. StateNebraska Supreme Court · 1898
- People v. . SullivanNew York Court of Appeals · 1889
- State v. PhillipsSouth Dakota Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. SimsArizona Supreme Court · 1965
- State v. SimsArizona Supreme Court · 1965
- State v. FergusonSouth Dakota Supreme Court · 1925
- State v. LohnesSouth Dakota Supreme Court · 1978
- Commonwealth v. DuestMassachusetts Appeals Court · 1991
5 more not listed; retrieve them via the Exa API.