State v. Palmer
South Dakota Supreme Court
Error to circuit court, Clark county. Hon. J. O. Andrews, Judge. Indictment charging defendant with the offense of grand larceny. The defendant was convicted and brings error. The facts are stated in the opinion. When an affidavit is made sufficiently charging prejudice and bias on the part of the presiding judge against the defendant, such judge cannot disregard such affidavit and proceed to try the case.
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Error to circuit court, Clark county. Hon. J. O. Andrews, Judge. Indictment charging defendant with the offense of grand larceny. The defendant was convicted and brings error. The facts are stated in the opinion. When an affidavit is made sufficiently charging prejudice and bias on the part of the presiding judge against the defendant, such judge cannot disregard such affidavit and proceed to try the case. State v. Henning, 3 S. D. 492. The court may in its discretion ’require additional proofs before granting a change of venue. 5 Criminal Law Magazine 795; State v. Kring, 11 Mo. App. 92. Its…
1Opinion of the CourtCorson, P. J.
The plaintiff in error was indicted, tried and convicted in the circuit court of Clark county, of the crime of grand larceny. Prior to the commencement of the trial, counsel for plaintiff in. error moved the court to call in another circuit judge to preside at the trial of said action; basing said motion on the affidavit of the plaintiff in error, which, omitting the formal parts, is as follows: “Walter E. Palmer, being first duly sworn, on his oath says: . I am the defendant named in the above entitled action. I have reason to believe and do believe, 'and therefore charge the truth to be,…
2Cases cited3 opinions
- White v. Chicago, M. & St. P. Ry. Co.Supreme Court Of The Territory Of Dakota · 1889
- State v. HenningSouth Dakota Supreme Court · 1893
- Territory v. EganSupreme Court Of The Territory Of Dakota · 1882
3Cited by10 opinions
- State v. WincklerSouth Dakota Supreme Court · 1977
- State v. KentNorth Dakota Supreme Court · 1895
- State v. JohnsonSouth Dakota Supreme Court · 1910
- Erbaugh v. PeopleSupreme Court of Colorado · 1914
- State v. ThompsonSouth Dakota Supreme Court · 1920
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