State v. Price
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. Wjujam G. Rice, Judge. The defendant, George Rice, was convicted of assault; and from a judgment on the verdict and from an order denying a new trial, he appeals. The fourth subdivision of Sec. 430, Code Crim. Proc. is: “When the verdict has been decided by lot or by any means other than a fair expression of opinion on -the part of all the jurors.”
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Appeal from Circuit Court, Meade County. Hon. Wjujam G. Rice, Judge. The defendant, George Rice, was convicted of assault; and from a judgment on the verdict and from an order denying a new trial, he appeals. The fourth subdivision of Sec. 430, Code Crim. Proc. is: “When the verdict has been decided by lot or by any means other than a fair expression of opinion on -the part of all the jurors.” It is the contention of the appellant in this case that the verdict found by the jury was not arrived at in a manner that afforded a fair expression of the opinion on the part of all the jurors. The…
1Opinion of the CourtWhiting, J.
This is an appeal from a judgment and an order refusing a new -trial. It appears that the jury were instructed and retired in the afternoon and the next morning returned into court and asked for instructions regarding the punishment in cases of the character of that on trial. The court prcir-ceeded to instruct the jury upon the question of punishment and then instructed them further, as-follows: “It is the duty of jurors to return a verdict. The court does not intimate to you in the slightest degree -what your verdict shall be. I have submitted four verdicts to you — one of assault with…
2Cases cited6 opinions
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- Odette v. StateWisconsin Supreme Court · 1895
- Johnson v. StateSupreme Court of Arkansas · 1894
- People v. StockIdaho Supreme Court · 1868
- State v. KinneySouth Dakota Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. TescherSouth Dakota Supreme Court · 1926
- Orr v. StateAlabama Court of Appeals · 1958
- Orr v. StateAlabama Court of Appeals · 1958