State v. Lahman
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. HoN. Feank Anderson, Judge. The defendant, 'Fred Lahman, was convicted of the crime of larceny of an automobile, and he appeals. (i) To point one of the opinion, Appellant cited; Oldham v. Commonwealth (Ky.) 13 Am. Crim. reports 615; 58 S. W. 418; Kelley v. State (Mich.) 71 N. W. 299; 'State v. King, 9 S. D. 628. Respondent cited: People v. Koerner, (N. Y.) 48 N. E. 730.
1Opinion of the CourtGates, J.
Defendant was convicted of the theft of an automobile under an information charging it to have been committed 'by defendant and John Rahman. This defendant was tried separately. From a judgment and order denying new trial defendant appeals.
[1] Three propositions only are urged on this appeal. The first and principal ground of error is that the trial court erred in admitting improper rebuttal evidence. After the defendant had rested the state called and examined the codefendant as a witness for the prosecution. It is urged that the testimony of this witness was properly evidence in chief and…
2Cases cited1 opinion
- People v. . KoernerNew York Court of Appeals · 1897
3Cited by2 opinions
- State v. SjobergSouth Dakota Supreme Court · 1929
- State v. HarveySouth Dakota Supreme Court · 1969