State v. Shevlin
South Dakota Supreme Court
Appeal from Circuit -Court, Fall River County, Hon. Walter G. Miser, Judge. J. W. Shevlin was convicted of assault, and, from the judgment of conviction and order denying a new trial, he appeals.
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Appeal from Circuit -Court, Fall River County, Hon. Walter G. Miser, Judge. J. W. Shevlin was convicted of assault, and, from the judgment of conviction and order denying a new trial, he appeals. (i) To point one of the opinion, Appellant cited: Chap. 9, Laws 1905; Const., art. 9, sec. 5; Const., art. 5, sec. 24; Sec. 6014, Laws 1919; Sec. 6004, Rev. Stat. 19x9; State v. Flavin, 35 S. D. 530; Fleming v. Hance, '155 Cal. 162, 94 Pac. 620; Rev. Code 1919, Sec. 5998; P'eople v. Bollam, 182 111. —; State v. Moreaux, 254 Mo. 398, 162 S. W. 158. Respondent cited: 'County of Grant v. Jones, 43 S. D.…
1Opinion of the CourtGates, J.
Under the charge of assault with intent to kill, defendant was convicted of the crime of assault. Rev. 'Code 1919, § 4077. He appeals from the -judgment and order denying new trial.
[1] The first alleged error is predicated upon the substitution *612of another attorney for the states attorney for the purposes of the trial. It appears that defendant brought a civil action for $50,000 damages against C. A. Wilson, S. E. Wilson, and one Coleman. C. A. Wilson was the states attorney. ' By reason of the pendency of this action the states attorney deemed himself disqualified to try this case, and asked…
2Cases cited4 opinions
- State v. FravinSouth Dakota Supreme Court · 1915
- Wood v. BangsSupreme Court Of The Territory Of Dakota · 1875
- State v. RathjinSouth Dakota Supreme Court · 1923
- State v. FinderSouth Dakota Supreme Court · 1897
3Cited by2 opinions
- State v. NageleSouth Dakota Supreme Court · 1964
- State v. SangsterSouth Dakota Supreme Court · 1929