State v. Security Bank
South Dakota Supreme Court
Error to circuit court, Clark county. Hon. J. O. Andrews, Judge. Criminal action for usury. Defendant found guilty and fined §300. Defendant appeals. The facts are fully stated in the opinion.
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Error to circuit court, Clark county. Hon. J. O. Andrews, Judge. Criminal action for usury. Defendant found guilty and fined §300. Defendant appeals. The facts are fully stated in the opinion. An indictment cannot be found against a corporation until a presentment has been first made by a grand jury, a summons issued by a justice of the peace, served as provided by law and an examination held before a justice, and certificate made that there is sufficient evidence to believe the corporation guilty of the offense. Chap. 6, Title 11, Code Crim. Pro.; State v. Railroad, 4 Am. Crim. 137. Consent…
1Opinion of the CourtKellam, P. J.
At the - June term, 1890, of the circuit court, the grand jury of Clark county returned an indictment against plaintiff in error, a corporation under the laws of the state, for the offense of taking usury. Plaintiff in error appeared specially, and moved to set aside the indictment, on the ground that it was not found in the manner and according to the form of the statutes. The motion was based upon affidavits tending to show that no summons had been served on any officer or agent of the defendant corporation, and no investigation had before a magistrate. This motion was made and argued upon…
2Cases cited3 opinions
- Kalloch v. Superior CourtCalifornia Supreme Court · 1880
- State v. EatonSupreme Court of Missouri · 1882
- Dutton v. StateIndiana Supreme Court · 1854
3Cited by9 opinions
- State Ex Rel. Losey v. WillardSupreme Court of Florida · 1951
- State v. ToughNorth Dakota Supreme Court · 1903
- State v. CECOS International, Inc.Ohio Supreme Court · 1988
- State v. RiggsSouth Dakota Supreme Court · 1910
- Pueblo v. West India Oil Co.Supreme Court of Puerto Rico · 1934
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