People v. Odell
Supreme Court Of The Territory Of Dakota
Writ of Error to Yankton Gounty District Court. The defendant was indicted and tried in the court below, BeNNett, J., presiding, for the crime of an assault'and battery with intent to kill.
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Writ of Error to Yankton Gounty District Court. The defendant was indicted and tried in the court below, BeNNett, J., presiding, for the crime of an assault'and battery with intent to kill. During the progress of the trial, and while one G-. O. Erickson was being examined as a witness on behalf of defendant, the counsel for defendant asked the following question: “What was defendant’s condition as to being intoxicated or under the influence of liquor at the time this occurred?” meaning the shooting alleged against defendant. To this question the district attorney objected as irrelevant and…
1Opinion of the CourtBeNNett, J.
I. We are all of opinion that the motion in arrest of judgment was properly overruled. The indictment is sufficient. There are three counts: two charge substantially an assault, or assault and battery with intent to kill, and the third with intent to kill and murder. Admitting that there is no such crime known to our statute, as an assault with intent to murder, the count containing the charge of an intent to kill, the addition of “ and to murder,” would be mere sur-*199plusage, and therefore immaterial. But there remains two counts against which this cannot be urged, and if there is one count…
2Cases cited4 opinions
- The People v. . RogersNew York Court of Appeals · 1858
- State v. ShepardSupreme Court of Iowa · 1859
- Kenny v. . the PeopleNew York Court of Appeals · 1865
- People v. EnglishCalifornia Supreme Court · 1866
3Cited by13 opinions
- State v. WincklerSouth Dakota Supreme Court · 1977
- Warfield Milo Goings v. United StatesCourt of Appeals for the Eighth Circuit · 1967
- Ex parte TiceOregon Supreme Court · 1897
- Wittmeier v. PostSouth Dakota Supreme Court · 1960
- State v. KapelinoSouth Dakota Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.