Legal Opinion

State v. Brown

South Dakota Supreme Court

Decided July 3, 1969No. File 10626PublishedCited by 19 opinions

1Opinion of the Court

HANSON, Judge.

Defendant was convicted of the crime of Drunken Driving in the Circuit Court of McCook County. He contends the conviction ■should be set aside because (1) he was denied a preliminary hearing on the Information filed in Circuit Court, and (2) Misconduct of the jury prevented a fair and impartial trial.

The filing of a preliminary information is one means of initiating a criminal prosecution in this state. An information cannot be filed against any person "for any offense until such person shall have had a preliminary examination thereof as provided by law before a magistrate,…

2Cases cited12 opinions

  1. State v. FergusonSouth Dakota Supreme Court · 1925
  2. State v. BrownSouth Dakota Supreme Court · 1965
  3. State Ex Rel. Stevenson v. JamesonSouth Dakota Supreme Court · 1960
  4. State v. HoltSouth Dakota Supreme Court · 1961
  5. State v. McCoilSouth Dakota Supreme Court · 1935

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. HeisingerSouth Dakota Supreme Court · 1977
  2. State v. SwallowSouth Dakota Supreme Court · 1984
  3. State v. LohnesSouth Dakota Supreme Court · 1988
  4. Commonwealth v. LovettMassachusetts Supreme Judicial Court · 1978
  5. Simants v. StateNebraska Supreme Court · 1979

14 more not listed; retrieve them via the Exa API.

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