State v. Holter
South Dakota Supreme Court
On rehearing. The court did not consider, pass upon, or determine the question as to> whether the trial court erred in instructing the jury as follows: “With reference to this provision of the law in regard to previous chaste character the court charges that the law presumes a woman to be of chaste character until the contrary is shown, but if there is reasonable doubt as I will hereinafter define it, of her chastity under all the evidence he will be entitled to the benefit…
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On rehearing. The court did not consider, pass upon, or determine the question as to> whether the trial court erred in instructing the jury as follows: “With reference to this provision of the law in regard to previous chaste character the court charges that the law presumes a woman to be of chaste character until the contrary is shown, but if there is reasonable doubt as I will hereinafter define it, of her chastity under all the evidence he will be entitled to the benefit of that doubt.” Appellant’s claim that California holds that there is no presumption of previous chaste character in…
1Opinion of the CourtPolx'Ey, J.
This case is before the court on rehearing. The former opinion is reported in 30 S. D. 353, 138 N. W. 953, where a. statement of facts will be found. In his petition for a rehearing, the appellant contends that a number of his assignments that were argued in his brief were either passed over and not considered by the court, or were not given the consideration to which they were entitled. These assignments are errors that are alleged to have been committed by the court, both in its instructions to the jury and in refusing to admit certain testimony offered on behalf of the defendant at the…
2Cases cited20 opinions
- Knight v. StateCourt of Criminal Appeals of Texas · 1912
- People v. O'BrienCalifornia Supreme Court · 1900
- People v. BrewerMichigan Supreme Court · 1873
- West v. StateWisconsin Supreme Court · 1853
- Harvey v. Territory of OklahomaSupreme Court of Oklahoma · 1901
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3Cited by6 opinions
- Dallas v. StateSupreme Court of Florida · 1918
- State v. DavisSupreme Court of Iowa · 1922
- State v. HenglefeltSouth Dakota Supreme Court · 1948
- State v. HigginbothamWest Virginia Supreme Court · 1961
- Finch v. GibsonTennessee Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.