Legal Opinion

State v. Cherrington

South Dakota Supreme Court

Decided November 24, 1914PublishedCited by 17 opinions

Appeal from Circuit Court, Lyman County. Hon. Wxi.uiam Wiluiamson, Judge. The defendant, James Oherrington, was convicted of grand larceny, and he appeals. (1) Under point one of the opinion, Appellant cited: Sess.

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Appeal from Circuit Court, Lyman County. Hon. Wxi.uiam Wiluiamson, Judge. The defendant, James Oherrington, was convicted of grand larceny, and he appeals. (1) Under point one of the opinion, Appellant cited: Sess. Laws 1895, Ch. 64, Sec. 2; State v. King, 9 S. D. 630; State v. Reddington, 7 S. D. 377; State v. Matejousky, 22 S. D. 33- Respondent cited: State v. Eulwider, 28 S. D. 622. (3) Under point three of the opinion, Appellant cited: People v. Shepard (Mich.) 37 N. W. 925; Dunbar v. McGill (Mich.) 37 N. W. 285; Ency. of Ev. Vol. 8, p. 11, and cases cited; Notes on Page 111, 109, Vol. 8…

1Opinion of the CourtMcCOY, J.

Defendant, was convicted in the circuit court of grand larceny, and brings this appeal.' The sufficiency of the evidence to justify .the verdict is not questioned.

[1] Several witnesses were sworn, and gave testimony on behalf of the state, whose names were not indorsed on the information. At the time of the calling of such witnesses to the stand to testify, defendant objected and duly excepted on the ground that their names were not indorsed on the information. The state’s attorney at such times stated that he did not know of such witnesses at the time of the filing of the information. We are…

2Cases cited4 opinions

  1. State v. FulwiderSouth Dakota Supreme Court · 1912
  2. State v. KingSouth Dakota Supreme Court · 1897
  3. State v. MatejouskySouth Dakota Supreme Court · 1908
  4. Barton v. StateIndiana Supreme Court · 1900

3Cited by17 opinions

  1. Reynolds v. DonohoWashington Supreme Court · 1951
  2. State v. EdwardsNew Mexico Supreme Court · 1950
  3. State v. BrownSouth Dakota Supreme Court · 1979
  4. People v. CammarataMichigan Supreme Court · 1932
  5. State v. McTagueSupreme Court of Minnesota · 1934

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