Territory of Dakota v. King
Supreme Court Of The Territory Of Dakota
ERROR, to the district court, Beadle county; Hon. James Spencer, Judge. The plaintiff in error, Benjamin King, was indicted for an assault with intent to do great bodily harm. To this indictment he entered a plea of not guilty, and also a plea of former conviction as it was termed in the record.
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ERROR, to the district court, Beadle county; Hon. James Spencer, Judge. The plaintiff in error, Benjamin King, was indicted for an assault with intent to do great bodily harm. To this indictment he entered a plea of not guilty, and also a plea of former conviction as it was termed in the record. It was in these words: “ The defendant, Benjamin F. King, on his own behalf plead to the indictment found at the February, 1888, term of the district court herein that he has already been convicted by the jury of the offense charged in this indictment, to-wit: on the 13th day of April, A. D. 1887, and…
1Opinion of the Court
By the Court :
This case is affirmed:
1. The plea interposed by the plaintiff in error was a nullity. It was neither good as a plea of former conviction, nor as a plea of former acquittal.
2. There was no error in that part of the charge complained of, although the words used by the judge, while in some respects objectionable, were not such as to require a reversal of the case.
3. The failure of the district attorney to formally read the indictment and state the plea to the jury after they were sworn, *136was not error, as the record shows that the jury were sufficiently informed of the nature of the…
2Cited by15 opinions
- State v. WilsonSouth Dakota Supreme Court · 1980
- People v. KasemMichigan Supreme Court · 1925
- State v. HooverSouth Dakota Supreme Court · 1975
- Edward Thompson Co. v. GundersonSouth Dakota Supreme Court · 1897
- State v. WolfeSouth Dakota Supreme Court · 1933
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