State v. Van Nice
South Dakota Supreme Court
Error to circuit court, Moody county. Hon. J. W. Jones, Judge. Henry D. Van Nice appeals from conviction for adulter-y. The facts are stated in the opinion. A motion to quash an indictment on the grounds of irregularities on the part of procuring a grand jury is addressed to the discretion of the court. Richards v. State, 82 "Wis. 372; Adams v. State, 28 Fla. 511; State v. Colger, 30 Pac. 89 L; Early v. Commonwealth, 86 Ya. 921; ü. S. v. Gale, 109 U. S. 72; Elliot App.
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Error to circuit court, Moody county. Hon. J. W. Jones, Judge. Henry D. Van Nice appeals from conviction for adulter-y. The facts are stated in the opinion. A motion to quash an indictment on the grounds of irregularities on the part of procuring a grand jury is addressed to the discretion of the court. Richards v. State, 82 "Wis. 372; Adams v. State, 28 Fla. 511; State v. Colger, 30 Pac. 89 L; Early v. Commonwealth, 86 Ya. 921; ü. S. v. Gale, 109 U. S. 72; Elliot App. Proc. § 605; Tilton v. Beecher, 59 N Y. 176; Percival v. Percival 124 N. Y. 637;, Leonard v. Green, 30 Minn. 496; State v.…
1Opinion of the CourtFuller, J.
In the absence of counsel retained to defend in any civil action or criminal proceeding that might be instituted against him, plaintiff in error was arraigned upon an indictment for the crime of adultery, and thereupon, at the suggestion of a member of the bar, entered a plea of not guilty. The case was, by order of court, continued to the next term, when the defendant, appearing by his counsel and in person, moved the court for leave to withdraw his plea of not guilty for the purpose of interposing the following motion to quash the indictment: “Comes now the defendant, in the above-entitled…
2Cases cited14 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Savage v. StateSupreme Court of Florida · 1882
- Early v. CommonwealthSupreme Court of Virginia · 1890
- Richards v. StateWisconsin Supreme Court · 1892
- State v. . FullerSupreme Court of North Carolina · 1894
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3Cited by4 opinions
- Phenix Ins. Co. of Brooklyn v. PerkinsSouth Dakota Supreme Court · 1905
- State v. WaltersSouth Dakota Supreme Court · 1925
- State v. IsaacsonSouth Dakota Supreme Court · 1895
- Daley v. ForsytheSouth Dakota Supreme Court · 1896