State v. Millard
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JONES, Judge. Defendant, J. R. Millard, was convicted of embezzlement; ■ and from such judgment and from an order denying a new trial, he appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JONES, Judge. Defendant, J. R. Millard, was convicted of embezzlement; ■ and from such judgment and from an order denying a new trial, he appeals. The Court erred in overruling the objection of the defendant to- the following question upon the grounds therein stated: Q. State what quantity of hogs you had upon -the premises, described here, on or about the first day of December, ign? Objected to as incompetent, irrelevant and immaterial under the allegations in this information, and especially for the reason that the allegation…
1Opinion of the CourtCorson, J.
Upon an information duly filed by the state’s attorney of Minnehaha county, the defendant was tried and convicted of the crime of embezzlement. The information charges, in substance, that the defendant betwe'en the 1st of December, 1911, and the 15th of February, 1912, being a clerk, servant, and employe of E. D. Clark, and being a person over the age of 18 years, and not being an apprentice of said E. D. Clark, did by virtue of his employment as such clerk and servant as aforesaid receive and take into his possession, care, and control from said E. D. Clark “55 'head of red Duroc Jersey…
2Cases cited10 opinions
- People v. WardCalifornia Supreme Court · 1901
- People v. RoyceCalifornia Supreme Court · 1895
- State v. ReynoldsSupreme Court of New Jersey · 1900
- People v. BidlemanCalifornia Supreme Court · 1894
- Garrigan v. KennedySouth Dakota Supreme Court · 1904
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3Cited by4 opinions
- State v. FlackSouth Dakota Supreme Court · 1958
- De Noma v. Sioux Falls Traction SystemSouth Dakota Supreme Court · 1917
- Collins v. StateIndiana Supreme Court · 1921
- State v. GammonsNorth Dakota Supreme Court · 1934