State v. Finder
South Dakota Supreme Court
Error to circuit court, Hughes county. Hon. Coring E. Gaffy, Judge. Plaintiff in error was convicted of an assault, and brings error to this court. This case was first determined by this court in an opinion found in 10 S. D. 103, 72 N. W. 97, in which opinion the judgment of the trial court was affirmed. A rehearing was subsequently granted.
1Opinion of the CourtCorson, J.
This case was decided at a former term of this court, and is reported in 10 S. D. 103, 72 N. W. 97. On application of the plaintiff in error, a rehearing was granted. Upon a re-examination of the case, we are of the opinion that the court in its former decision was in error in holding that the reception of the verdict by Judge Gaffy was only an irregularity. We are now satisfied that, when Judge Gaffy made the order calling in Judge Campbell to try the case, he c.eased to have any further jurisdiction over the cause, and in receiving the verdict of the jury he acted entirely without jurisdic*424ti…
2Cases cited7 opinions
- Perkins v. HaywardIndiana Supreme Court · 1890
- Bear v. . CohenSupreme Court of North Carolina · 1871
- Lacy v. BarrettSupreme Court of Missouri · 1882
- Perrin v. StateWisconsin Supreme Court · 1892
- Voullaire v. VoullaireSupreme Court of Missouri · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WincklerSouth Dakota Supreme Court · 1977
- State v. JohnsonSouth Dakota Supreme Court · 1910
- State v. ThompsonSouth Dakota Supreme Court · 1920
- State ex rel. Callahan v. HughesSouth Dakota Supreme Court · 1925
- State v. PetersonSouth Dakota Supreme Court · 1995
3 more not listed; retrieve them via the Exa API.