State v. Kenstler
South Dakota Supreme Court
The defendants John' Kenstler, Fritz Kenstler, and Arthur Kenstler were convicted of the crime of assault with a dangerous weapon with intent to do great bodily harm and without justifiable or excusable cause, and they appeal. (i) To point one of the opinion, Appellants cited: Wharton’s 'Grim. Ev- Vol. i, ioth ed., page 988, 1004; Jones on Ev. 2nd ed.
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The defendants John' Kenstler, Fritz Kenstler, and Arthur Kenstler were convicted of the crime of assault with a dangerous weapon with intent to do great bodily harm and without justifiable or excusable cause, and they appeal. (i) To point one of the opinion, Appellants cited: Wharton’s 'Grim. Ev- Vol. i, ioth ed., page 988, 1004; Jones on Ev. 2nd ed. Sec. 828; State v. Mulch, 17 S. D. 323; Wigmore on Ev.' Vol. 2, Sec. 943, 1368; State v. Malberg (N. D.) 105 N. W. 614. Respondent cited: 1 Greenl., on Ev. Sec. 450; 'Richardson v. Gage (S. D.) 133 N. W. 692, Ann. Cas. 1914B, 534; State v.…
1Opinion of the CourtSmith, J.
Appellants were convicted in the circuit court of Butte county upon an information charging them with the crime of assault with a dangerous weapon, with intent to do great bodily harm, and without justifiable or excusable cause, upon one Calhoun. Appellants and Calhoun were neighboring ranchers in Butte county. It appears that appellants had in their possession certain horses, taken by them as trespassing animals, belonging to Calhoun. Their residences were 7 or 8 miles apart. On October 29, 19x9', Calhoun left his home, on horseback, and went to the home of the defendants, to see about the…
2Cases cited4 opinions
- Consaul v. SheldonNebraska Supreme Court · 1892
- Richardson v. GageSouth Dakota Supreme Court · 1911
- State v. SmithSouth Dakota Supreme Court · 1921
- State v. ScottNorth Dakota Supreme Court · 1917
3Cited by8 opinions
- Walter Wynn, Jr. v. United StatesCourt of Appeals for the D.C. Circuit · 1967
- Plank v. HeirigsSouth Dakota Supreme Court · 1968
- State v. WiegersSouth Dakota Supreme Court · 1985
- State v. GoffSouth Dakota Supreme Court · 1961
- Hansen v. StateNebraska Supreme Court · 1942
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