State v. Henning
South Dakota Supreme Court
Error to circuit court, Codington county. Hon. J. O. Andrews, Judge. Tlie facts are fully stated in the opinion. Where a statute prescribes when terms of court shall be held the judge cannot call and hold a regular term at another date. Watkins v. Wassell, 20 Ark. 410; Suth. Stat. Const. § 325; Myers v. Mitchell, 1 S. D. 249. The proceedings at a term so irregularly called are void.
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Error to circuit court, Codington county. Hon. J. O. Andrews, Judge. Tlie facts are fully stated in the opinion. Where a statute prescribes when terms of court shall be held the judge cannot call and hold a regular term at another date. Watkins v. Wassell, 20 Ark. 410; Suth. Stat. Const. § 325; Myers v. Mitchell, 1 S. D. 249. The proceedings at a term so irregularly called are void. Brumley v. State, 20 Ark. 479; In re Juneman, 13 S. W. 783; Doss v. Waggoner, 3 Tex. 515; Hodges v. Ward, 1 Tex. 244; Osgood v. Thurston, 23 Pick. 110; Well’s Jur. § 132; State v. Roberts, 8 Nev. 239; Domingues v.…
1Opinion of the CourtKellam, J.
The plaintiff in error, having been indicted by the grand jury of Codington county, pleaded not guilty, and, prior to the commencement of his trial, made and presented to the court his affidavit of prejudice on the part of the presiding judge, and upon it moved that he be allowed a trial before a judge other than the judge of the court in which he was so indicted. The motion was denied. He was then tried and convicted, and, upon such judgment, brings error to this court. Chapter 50, Laws 1891, amending section 7312, Comp. Laws, provides that “a criminal action prosecuted by indictment may, at…
2Cases cited8 opinions
- Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
- Reavis v. CowellCalifornia Supreme Court · 1880
- State v. NeunerSupreme Court of Connecticut · 1881
- Young v. YoungSupreme Court of Minnesota · 1871
- Goodnow v. LitchfieldSupreme Court of Iowa · 1885
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3Cited by16 opinions
- State v. KentNorth Dakota Supreme Court · 1895
- State v. SeidschlawSouth Dakota Supreme Court · 1981
- Meldrum v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- State v. JohnsonSouth Dakota Supreme Court · 1910
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