Legal Opinion

State v. Mitchell

South Dakota Supreme Court

Decided March 7, 1923No. File No. 4992PublishedCited by 6 opinions

Appeal from 'Circuit Court, Marshall County; Hon. Frank Anuerson, Judge. George D. Mitchell was convicted of grand larceny, and he appeals. (3) To point three of the opinion, Appellant cited: Schribner v. State (Ofcla.), 35 L. R. A. (N. S.) ; 1 Bishop Criminal Procedure, par. 909; 16 R. C. L, p. 262; Haugen v. Chicago, Milwaukee & St. Paul R. R. Co., 53 N. W. 796; Reynolds v. The U. S., 98 IT.

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Appeal from 'Circuit Court, Marshall County; Hon. Frank Anuerson, Judge. George D. Mitchell was convicted of grand larceny, and he appeals. (3) To point three of the opinion, Appellant cited: Schribner v. State (Ofcla.), 35 L. R. A. (N. S.) ; 1 Bishop Criminal Procedure, par. 909; 16 R. C. L, p. 262; Haugen v. Chicago, Milwaukee & St. Paul R. R. Co., 53 N. W. 796; Reynolds v. The U. S., 98 IT. S. 145; State v. Meeker, 54 Vt. 1x2; Balbo v. People, 80 N. Y. 484; Cox v. People, 80 N. Y. 500; Baldwin v. State, 12 Mo. 223; Ortwein v. Con, 18 Am. Rep. 420; People v. Walsh, 49 Cal. 174; State v.…

1Opinion of the CourtFolley, J.

[1] Appellant was convicted of grand larceny, and assigns four separate grounds for a new trial. His first ground is the denial, of his Challenge for cause to one of the veniremen. This venireman on his voir dire testified that he had read newspaper accounts of the charge against appellant, and that *275■he had talked with parties who purported to narrate the facts relative to the larceny, but that he had not talked with any of the witnesses or any one wiho knew the facts other than from hearsay or rumor. He testified that from the information he had gained from the above sources he had formed an…

2Cases cited1 opinion

  1. State v. ChurchSouth Dakota Supreme Court · 1894

3Cited by6 opinions

  1. State v. FlackSouth Dakota Supreme Court · 1958
  2. State v. GerdesSouth Dakota Supreme Court · 1977
  3. State v. RobertsSouth Dakota Supreme Court · 1932
  4. State v. SangsterSouth Dakota Supreme Court · 1929
  5. Hovland v. CookSouth Dakota Supreme Court · 1934

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