State v. Phelps
South Dakota Supreme Court
Error to circuit court, Hanson county. Hon. D. Haney, Judge. - Prank 33. Phelps was convicted of murder and brings error. The facts are stated in the opinion. Evidence of the commission of another offense by defend • ant cannot be admitted against him upon trial for a crime.
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Error to circuit court, Hanson county. Hon. D. Haney, Judge. - Prank 33. Phelps was convicted of murder and brings error. The facts are stated in the opinion. Evidence of the commission of another offense by defend • ant cannot be admitted against him upon trial for a crime. Rice Evi. 207; People v. Shoop, 107 N. Y. App. 427; Shaffner v. Comm. 72 Pa. 60; State v. Lapage, 57 N. H. 245. It is prejudicial error to allow cross-examination of an accused person as to conduct which could serve no purpose except to prejudice him before the jury. Haywood v. People, 96 111. 492; Gifford v. People, 87…
1Opinion of the CourtFuller, J.
At the regular July, 1893, term of circuit court for Lyman county, plaintiff in error was indicted for the crime of murder. Among the names indorsed on the back of the indictment as witnesses, sworn and examined before the grand jury, was Dr. Felker. During the session of the gand jury at which the indictment was found, and for the purpose of examining witnesses and performing the duties of state’s attorney, George H. King, an attorney at law, 21 years of age, and duly appointed deputy state’s attorney of Lyman county, was present in the grand jury room. A motion to qu'ash the indictment was…
2Cases cited24 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Shular v. StateIndiana Supreme Court · 1886
- Boyle v. StateIndiana Supreme Court · 1886
- State v. PfefferleSupreme Court of Kansas · 1886
- State v. BriggsSupreme Court of Iowa · 1886
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3Cited by18 opinions
- State v. KentNorth Dakota Supreme Court · 1895
- State v. SmithSouth Dakota Supreme Court · 1929
- State v. LongSouth Dakota Supreme Court · 1971
- State v. JerkeSouth Dakota Supreme Court · 1949
- Martin v. StateIndiana Supreme Court · 1897
13 more not listed; retrieve them via the Exa API.