Legal Opinion
State v. Kiehn
South Dakota Supreme Court
Decided August 29, 1972No. File 10753PublishedCited by 42 opinions
1Opinion of the CourtBiegelmeier, Judge
(on reassignment).
Defendant appeals from his conviction of indecent molestation of his five-year-old daughter Robin. After having heard oral argument and before a decision was reached, due to a change in membership of the Court, reargument was ordered.
Defendant contends the court erred in refusing to instruct the jury on assault and battery, claiming they are included offenses. The crimes of assault and battery require force and violence. SDCL 22-18-1. SDCL 23-45-23 provides the jury may find a defendant "guilty of any offense, the commission of which is. necessarily included in that with…
2Cases cited21 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- In Re WINSHIPSupreme Court of the United States · 1970
- Lego v. TwomeySupreme Court of the United States · 1972
- Blackburn v. AlabamaSupreme Court of the United States · 1960
- Durham v. United StatesCourt of Appeals for the D.C. Circuit · 1954
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State v. BultSouth Dakota Supreme Court · 1984
- State v. StumesSouth Dakota Supreme Court · 1976
- State v. CaffreySouth Dakota Supreme Court · 1983
- State v. HallSouth Dakota Supreme Court · 1984
- State v. Rough SurfaceSouth Dakota Supreme Court · 1989
37 more not listed; retrieve them via the Exa API.