Legal Opinion

State v. Daniels

South Dakota Supreme Court

Decided December 20, 1916No. File No. 4000PublishedCited by 2 opinions

Appeal from' Circuit Court, Butte County. Hon. James McNenny, Judge. The defendant, Nestor Daniels, was convicted of perjury, and1 he appeals.

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Appeal from' Circuit Court, Butte County. Hon. James McNenny, Judge. The defendant, Nestor Daniels, was convicted of perjury, and1 he appeals. (1) To point one of the opinion, Appellant cited: Case of Royal C. Johnson, (S. D.) 131 N. W. 453; Bioyd v. United States, 29 L. E. 746; Maki v. State, 112 Pac. 334. Respondent cited: People v. Molineaux, 168 N'. Y. 264, 61 N. E. 268, 62 L. R. A. 193. (2) To point two: of the opinion, Appellant cited: People v. Tittnus, (Mich.) 60 N. W. 693; People v. Howland, (Gal.) 44 Pac. 342; Ex -parte Spears, (Cal.) 26 P'ac. 608, 22 A. S. R. 341; 30 Cyc. 141.1;…

1Opinion of the Court

WHITING, "J.

Appellant was convicted of perjury -and has appealed from the judgment of conviction and from an -order denying a new trial.

[1] He was charged with having committed perjury in testimony given in a proceeding held under the provisions of chapter 200, Laws 1907. This chapter reads as follows:

“Section 1. Whenever any complaint verified upon information] and 'belief 'is laid 'before any justice of the peace, police justice or municipal judge, that a -criminal offense has been committed against any law-of this state and asking for an investigation of the same, -siu-cb justice of the…

2Cases cited5 opinions

  1. State v. . PetersSupreme Court of North Carolina · 1890
  2. Morford v. Territory of OklahomaSupreme Court of Oklahoma · 1901
  3. Etheridge v. StateCourt of Criminal Appeals of Texas · 1915
  4. Gardner v. StateSupreme Court of Arkansas · 1906
  5. Waddle v. StateCourt of Criminal Appeals of Texas · 1914

3Cited by2 opinions

  1. State v. SmithSouth Dakota Supreme Court · 1929
  2. State v. HoffmanSouth Dakota Supreme Court · 1928

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