Legal Opinion

State v. Carlisle

South Dakota Supreme Court

Decided December 14, 1912PublishedCited by 10 opinions

Appeal from Circuit Court, Minnehaha County. Hon. Robert B. Tripp, Judge. The defendant, C. B. Carlisle, was convicted of practicing dentistry without a license, and he appeals. This assignment presents a question which has never been passed upon by the Supreme Court of this state, bo far as my investigation goes.

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Appeal from Circuit Court, Minnehaha County. Hon. Robert B. Tripp, Judge. The defendant, C. B. Carlisle, was convicted of practicing dentistry without a license, and he appeals. This assignment presents a question which has never been passed upon by the Supreme Court of this state, bo far as my investigation goes. To epitomize the point it' is this: Whether or not a person who is not a competent witness can make the moving- complaint, upon which -an information can be filed by a state’s attorney, in the absence of thereafter an indictment has not been found by a grand jury. Following this…

1Opinion of the CourtHaney, J.

The defendant, -having been convicted of practicing dentistry without a license, removed the record of such conviction to this court for review by an appeal from the judgment of the circuit court and its order denying the defendant’s application for a new trial.

[1] Upon being called to plead, the defendant moved the court to set aside the information, for the reason that the complaint filed with the committing magistrate was made by a person who wras not personally cognizant of any fact set forth therein, supporting such motion by the affidavit of the defendant to the effect that the person…

2Cases cited12 opinions

  1. State v. MorganSouth Dakota Supreme Court · 1891
  2. People v. Boo Doo HongCalifornia Supreme Court · 1898
  3. Williams v. PeopleIllinois Supreme Court · 1887
  4. State v. WilliamsSouth Dakota Supreme Court · 1898
  5. State v. FosterNorth Dakota Supreme Court · 1905

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. Waubun Nuwi Nini ( 11671)South Dakota Supreme Court · 1978
  2. State v. Blue Fox Bar, Inc.South Dakota Supreme Court · 1964
  3. State v. HoekstraSouth Dakota Supreme Court · 1979
  4. State v. ReggioSouth Dakota Supreme Court · 1970
  5. State v. ShearerSouth Dakota Supreme Court · 1972

5 more not listed; retrieve them via the Exa API.

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