State v. Hueremann
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. Fi-ank B. Smith, Judge. The defendant, Charles A. Hueremann, was convicteo of assault, and he appeals. (i) To point one of the opinion, Appellant citec Code, Crim. Proc.
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Appeal from Circuit Court, Davison County. Hon. Fi-ank B. Smith, Judge. The defendant, Charles A. Hueremann, was convicteo of assault, and he appeals. (i) To point one of the opinion, Appellant citec Code, Crim. Proc. Sec. 453; Territory v. Christensen, 4th Dakota, 410; State v. Evans, 12 S. D. 473; Martin v. Smith, 11 S. D. 437; Conradt v. Eepper, 78 Pacific, page 1, 3 Ann Cases, 630 and note; Mills v. Fisher, 16 E. R. A. (N. S.) 656; Chapter 146, Laws •1915; Note in 10 L. R. A. (N. S.) 443. Respondent cited: -Code Crim. Proc. Sec. 484, Laws 1907, Chap. 120; State v. Earl Taylor, 157 N. W.
1Opinion of the CourtGates, J.
[1, 2] On December 16, 1914, judgment was \ rendered and entered against defendant in the trial court. On February 24, 1916, defendant served notice of appeal from the judgment. The state has moved to dismiss tjhe appeal because not taken within one year after the rendition of the judgment.
Section 484, Code Cr. Proc., provided:
“The writ must be sued out within one year after the rendition of the judgment, and within sixty days after an order is 'made.”
By chapter 120, Laws 1907, and chapter 146, Laws 1915, it is provided:
“The words ‘writ of error/ where used in the laws of this state, shall be…
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