State v. Isaacson
South Dakota Supreme Court
Error to circuit court, Grant county. Hon. J. 0. Andrews, Judge. Peter Isaacson was convicted of maliciously exposing - poison, and brings error. The facts are stated in the opinion. An indictment for a statutory crime should state the offense in the words of the statute, and it is not sufficient unless every fact necessary is charged, or necessarily implied, by following the words of the statute.
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Error to circuit court, Grant county. Hon. J. 0. Andrews, Judge. Peter Isaacson was convicted of maliciously exposing - poison, and brings error. The facts are stated in the opinion. An indictment for a statutory crime should state the offense in the words of the statute, and it is not sufficient unless every fact necessary is charged, or necessarily implied, by following the words of the statute. Comm. v. Stout, 7 B. Mor. 247; Antony v. State, 29 Ala. 27; State v. Raines, 3 McCord, 533; 10 Am. and Eng. Ency. Law, 577. The indictment must charge the crime, and state the act constituting the…
1Opinion of the CourtPuller, J.
Under Sec. 6884 of the Comp. Laws, plaintiff in error was indicted for, and upon the trial found guilty of, the offense of maliciously exposing a poisonous substance, with the intent that the same should be taken by an animal, to wit, a certain horse. Omitting formal recitals, the indictment is as follows: “That Peter Isaacson, late of said county, yeoman, on the tenth day of May, in the year of our Lord one thousand eight hundred and ninety-five, at the county of Grant and the state of South Dakota, did commit the crime of maliciously exposing poison with intent that the same shall be taken…
2Cases cited3 opinions
- State v. ChurchSouth Dakota Supreme Court · 1894
- State v. StevensSouth Dakota Supreme Court · 1891
- State v. Van NiceSouth Dakota Supreme Court · 1895
3Cited by5 opinions
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