Legal Opinion

State v. Winne

South Dakota Supreme Court

Decided June 27, 1922No. File No. 5004PublishedCited by 2 opinions

1Opinion of the CourtSmith, J.

Appellant was convicted of larceny of an automobile. So far as material upon this appeal, the information stated, “The deputy state’s attorney, duly and legally elected, qualified, and acting according to law, upon his oath informs the-court,” etc., and was signed, “J. D. -Coon, Deputy State’s Attorney.”

'Defendant entered a plea of not guilty. Upon return of the verdict, defendant moved in arrest of judgment on the ground that the information was invalid, and the court without jurisdiction to' try the accused.

Appellant contends: First, that no authority exists, either constitutional or…

2Cases cited10 opinions

  1. State v. BeckerSouth Dakota Supreme Court · 1892
  2. Ex parte CorlissNorth Dakota Supreme Court · 1907
  3. Williams v. PeopleSupreme Court of Colorado · 1899
  4. Territory v. HardingMontana Supreme Court · 1887
  5. Norton v. WhiteheadCalifornia Supreme Court · 1890

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3Cited by2 opinions

  1. Hall v. StateSupreme Court of Florida · 1939
  2. State v. BashamSouth Dakota Supreme Court · 1969

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