State v. Spencer
South Dakota Supreme Court
Appeal from Circuit Court, Butte County. Hon. James McNenny, Judge. The defendant, Edward J. Spencer, was .informed against for embezzlement. From a judgment sustaining a demurrer to the information, the state appeals. (1) Under point one of the opinion, Appellant cited': Code Cr. P'roe., Sec. 483. (2) Under point two of the opinion, Appellant cited: Ex parte Williams, xi6 Cal. 512, 48 Pac. 499; Ex parte Hay-ter, 16 Cal.
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Appeal from Circuit Court, Butte County. Hon. James McNenny, Judge. The defendant, Edward J. Spencer, was .informed against for embezzlement. From a judgment sustaining a demurrer to the information, the state appeals. (1) Under point one of the opinion, Appellant cited': Code Cr. P'roe., Sec. 483. (2) Under point two of the opinion, Appellant cited: Ex parte Williams, xi6 Cal. 512, 48 Pac. 499; Ex parte Hay-ter, 16 Cal. App. 21 x, 1x6 Pac. 370; -State v. Crook, 16 Utah, 512, 51 Pac. 1091; Code Cr. Proc., Sec. 276, 483, Subd. 1, 2; Sec. 484; People v. Jordan, 65 Cal. 644, 4 Pac. 683. (3)…
1Opinion of the CourtWhiting, J.
[1] Defendant interposed a demurrer tc a criminal information. The demurrer was sustained1. Tire trial court made and entered- an -order or judgment which-, after recit in-g introductory -matters, reads:
“It is by -the court ordered that said demurrer be, and the same -is hereby, sustained, and the defendant is held to- -answer any new information which may be filed herein, -and -the -bond heretoifo-re given isi continued in force-, and the defendant is released thereon.”
*221The state has attempted to -appeal from such, -order or judgment. The notice of appeal recites that the appeal is “from the…
2Cases cited1 opinion
- People v. LeeCalifornia Supreme Court · 1895
3Cited by3 opinions
- State Ex Rel. Torres v. Montana Eighth Judicial District CourtMontana Supreme Court · 1994
- State v. HenglefeltSouth Dakota Supreme Court · 1948
- State v. OnstadMontana Supreme Court · 1988