State v. Edmunds
South Dakota Supreme Court
Error to Circuit Court, Clay County. Hon. E. G. Smith, Judge. Haiden C. Edmunds was convicted of manslaughter in the first degree, and he brings error.
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Error to Circuit Court, Clay County. Hon. E. G. Smith, Judge. Haiden C. Edmunds was convicted of manslaughter in the first degree, and he brings error. The elements of manslaughter in the first degree, as defined by our statute are as follows: The crime must be perpetrated without design- to effect death and in the heat of passion but in a cruel and unusual manner, or by means of a dangerous weapon, and under such circumstances as do not constitute excusable or justifiable homicide. Manslaughter as defined by our statute, is a purely statutory offense, and under a familiar rule of law, the…
1Opinion of the CourtHaney, J.
The defendant having been convicted of manslaughter in the first degree, the question arises whether the following indictment is sufficient to sustain such conviction: “The grand jurors of the state of South Dakota, within and for the county of Cla)', duly and legally impaneled, charged and sworn according to law, upon their oaths present: That Haiden C. Edmunds, late of said county, yeoman, on the first day of July, in the year of our Lord one thousand nine hundred and four, at the county of Clay and state of South Dakota, did feloniously and willfully make an assault on one Willie J.…
2Cases cited2 opinions
- Barker v. Territory of OklahomaSupreme Court of Oklahoma · 1904
- Jeffries v. CommonwealthCourt of Appeals of Kentucky · 1886
3Cited by11 opinions
- Graham v. StateSouth Dakota Supreme Court · 1982
- State v. LangeSouth Dakota Supreme Court · 1967
- State v. MarshallSouth Dakota Supreme Court · 1978
- State v. StaplesSupreme Court of Minnesota · 1914
- Graham v. StateSouth Dakota Supreme Court · 1984
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