State v. Raice
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. William G. Ricé, Judge. Elija Raicé was convicted of manslaughter, and he appeals. The instruction asked was erroneous because it authorized the jury to disregard all of the evidence of the impeached witness, when there should have been added to it the qualifying phrase, "unless such testimony was corroborated by other credible evidence.” Moran v. People, 45 N. E. 230; Peak v. People, 76 111. 289; E.'Dohman Co. v. Niagara Ins.
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Appeal from Circuit Court, Lawrence County. Hon. William G. Ricé, Judge. Elija Raicé was convicted of manslaughter, and he appeals. The instruction asked was erroneous because it authorized the jury to disregard all of the evidence of the impeached witness, when there should have been added to it the qualifying phrase, "unless such testimony was corroborated by other credible evidence.” Moran v. People, 45 N. E. 230; Peak v. People, 76 111. 289; E.'Dohman Co. v. Niagara Ins. Co., 71 N. W. 69; Maxwell v. Williamson, 35 111. 529; Chittenden v. Evans, 41 111. 251; Allen v. Murray, 57 N. W. 979.…
1Opinion of the CourtMcCOY, J.
In this case the defendant, Elija Raicé, was informed against and charged with the murder of one Mitchel Ogresto. On the trial the jury ' found the defendant guilty of manslaughter in the first degree, and, on judgment, was sentenced to a term in the penitentiary. Defendant brings the cause to this court alleging numerous errors to .have occurred on ■ the trial.
There is but little conflict in the evidence. From the evidence preserved in the record, there seems to be no dispute but that on the night of May 2, 1908, the defendant was engaged in operating a gambling wheel in the back room of his…
2Cases cited10 opinions
- Thomas v. . PeopleNew York Court of Appeals · 1876
- State v. MoreyOregon Supreme Court · 1894
- Croom v. StateSupreme Court of Georgia · 1893
- People v. HendersonCalifornia Supreme Court · 1865
- State v. RonkSupreme Court of Minnesota · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WilcoxSouth Dakota Supreme Court · 1925
- State v. JenningsMontana Supreme Court · 1934
- Island v. HelmerSouth Dakota Supreme Court · 1935
- State v. HaneeySouth Dakota Supreme Court · 1931
- Citizens' State Bank v. BaileySouth Dakota Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.