State v. Heffernan
South Dakota Supreme Court
Appeal from Circuit Court, Kingsbury County. Hon. Chas. S. Whiting, Judge. Thomas Heffernan and Ellen J. Taylor were convicted of adultery, and they appealed from the judgment and order denying a new trial.
1Opinion of the CourtHaney, P. J.
Having been convicted of adultery and sentenced to imprisonment in the penitentiary, the defendants in this action appealed from the judgment of the circuit court and its order denying their application for a new trial.
It is contended there was reversible error in allowing the stenographer who reported the evidence on the preliminary examination. to read from his transcript the testimony of certain witnesses who then testified on behalf of the government, but who were absent from the state when the action was tried in the circuit court. As this testimony was extremely damaging to the accused,…
2Cases cited2 opinions
- Merchants' Nat. Bank v. StebbinsSouth Dakota Supreme Court · 1898
- Estey v. BirnbaumSouth Dakota Supreme Court · 1896
3Cited by17 opinions
- Blackwell v. StateSupreme Court of Florida · 1920
- State v. GaetanoSupreme Court of Connecticut · 1921
- State v. BrownSupreme Court of Iowa · 1911
- Exleton v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Levi v. StateIndiana Supreme Court · 1914
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