Legal Opinion

State v. Yokum

South Dakota Supreme Court

Decided June 16, 1899PublishedCited by 13 opinions

Error to circuit court, Butte county. Hon. Loring E. Gaffy, Judge. William D. Yokum was convicted of murder, and lie brings error. The facts are stated in the opinion. It was error for the trial court to exclude evidence of the custom and habit of the deceased of carrying firearms. Riley v. Com., 22 S. W. 222: Garver v. State, 12 So. 638; People v. Harris. 54 N. W. 648; Wiley v. State, 13 So. 424; Garver y.

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Error to circuit court, Butte county. Hon. Loring E. Gaffy, Judge. William D. Yokum was convicted of murder, and lie brings error. The facts are stated in the opinion. It was error for the trial court to exclude evidence of the custom and habit of the deceased of carrying firearms. Riley v. Com., 22 S. W. 222: Garver v. State, 12 So. 638; People v. Harris. 54 N. W. 648; Wiley v. State, 13 So. 424; Garver y. State, 9 So. 835-, Jackson v. State, 12 S. YY 501. It was error for the trial court to exclude evidence as to the general reputation of the deceased for being quarrelsome when under the…

1Opinion of the CourtCorson, P. J.

Wm. D. Yokum, plaintiff in error, was indicted, tried, and convicted of the crime of murder, and sentenced to imprisonment in the state’s prison for the term of his natural life. He brings the case to this court by writ of error issued to the circuit court of Butte county, and relies mainly for a reversal of the judgment of the court btelow upon alleged errors committed by the trial court in excluding evidence on the part of the plaintiff in error and in refusing and giving instructions to the jury. At the trial the plaintiff in error admitted the killing, and claimed that it was justifiable…

2Cases cited5 opinions

  1. People v. Hong Ah DuckCalifornia Supreme Court · 1882
  2. People v. StoneciferCalifornia Supreme Court · 1856
  3. People v. MilgateCalifornia Supreme Court · 1855
  4. M. Cerf v. Otis AshleyCalifornia Supreme Court · 1886
  5. United States v. Crow DogSupreme Court Of The Territory Of Dakota · 1882

3Cited by13 opinions

  1. State v. RobinsonOhio Supreme Court · 1976
  2. State v. ReddingtonSouth Dakota Supreme Court · 1963
  3. State v. MillettSupreme Judicial Court of Maine · 1971
  4. State v. HazletNorth Dakota Supreme Court · 1907
  5. State v. WilcoxSouth Dakota Supreme Court · 1925

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