Legal Opinion

State v. Parks

South Dakota Supreme Court

Decided October 29, 1914PublishedCited by 6 opinions

Appeal from Circuit Court, Hamlin County. Hon. -Cari, G. Sherwood, Judge. The defendants, W. H. Parks and another, were convicted of larceny, and appealed. (i) Under point one of the opinion, Appellant cited: Sec. 408, Code Crirri. Proc.; People v.'Marquis, 15 Cal. 38; People v. Coch, 53 Cal. 627; People v. Travei-s, 15 Pac. 293; People v. Bannister, 34 Pac. 710. Respondent cited: Sec. 401, Code Crim.

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Appeal from Circuit Court, Hamlin County. Hon. -Cari, G. Sherwood, Judge. The defendants, W. H. Parks and another, were convicted of larceny, and appealed. (i) Under point one of the opinion, Appellant cited: Sec. 408, Code Crirri. Proc.; People v.'Marquis, 15 Cal. 38; People v. Coch, 53 Cal. 627; People v. Travei-s, 15 Pac. 293; People v. Bannister, 34 Pac. 710. Respondent cited: Sec. 401, Code Crim. Proc.; St. Clair v. U. S-, 154 U. S. 133, 38 I/. Ed. 940-3; People v. Rugg, 98 N. Y. 551; State v. McDonald, 16 S. D. 83; Eowe v. State (Wis.) 96 N. W. 419; State v. Lovell, 45 Ind. 550; State…

1Opinion of the CourtPolley, J.

By information filed by the state’s attorney of Hamlin county, appellants were charged with the crime of grand larceny, the subject of the larceny being 150 bushels of velvet chaff wheat of the alleged value of $108. At the close of the trial, the jury returned the following verdict: “We, the jury, find the defendants guilty.” Upon this verdict, judgment was pronounced against defendants, sentencing them to the penitentiary, and from this judgment they appeal.

[x] The ground upon which they rely principally for a reversal of the judgment is that the jury failed to specify in théir verdict the…

2Cases cited3 opinions

  1. The People v. . RuggNew York Court of Appeals · 1885
  2. State ex rel. Kotilinic v. SwensonSouth Dakota Supreme Court · 1904
  3. State v. PearseSouth Dakota Supreme Court · 1905

3Cited by6 opinions

  1. State v. MorseSouth Dakota Supreme Court · 1914
  2. State v. OrricerSouth Dakota Supreme Court · 1963
  3. State v. MeansSouth Dakota Supreme Court · 1977
  4. State v. LeonardSouth Dakota Supreme Court · 1931
  5. State v. MosherSouth Dakota Supreme Court · 1921

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