State v. Shepard
South Dakota Supreme Court
Appeal from Circuit Court, Meacle County. Hon. Wm. G. Rice, Judge. Roy Shepard, the defendant, was convicted of assault with intent to kill, and he appeals. In using the following words: “There is no self defense in it; therefore he was not defending himself because' he was not being assaulted,” this invaded the province of the jury. It was not for the Court to say whether the act of the defendant was in self defense.
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Appeal from Circuit Court, Meacle County. Hon. Wm. G. Rice, Judge. Roy Shepard, the defendant, was convicted of assault with intent to kill, and he appeals. In using the following words: “There is no self defense in it; therefore he was not defending himself because' he was not being assaulted,” this invaded the province of the jury. It was not for the Court to say whether the act of the defendant was in self defense. This language vitiated every other instruction given by the Court for it .took from the jury the entire question- of the guilt or innocence of the defendant. The fourth portion…
1Opinion of the CourtMcCOY, P. J.
Appellant was convicted of the offense of assault with a firearm wit hintent to kill one Perkett, and has appealed, alleging error. From the record it appears that appellant and Perkett'met in the street in front of a hardware store in the town of Faith, Meade county; that appellant said something to Perkett about having made misrepresentations, whereupon Perkett called appellant a liar, and that he was there to- back up his statement, and commenced taking off his coat; that appellant also commenced taking off his coat, but quit removing his coat and pulled a revolver, and struck Perkett…
2Cases cited1 opinion
- State v. KinneySouth Dakota Supreme Court · 1907
3Cited by9 opinions
- State v. SonnenscheinSouth Dakota Supreme Court · 1916
- State of South Dakota v. FoxSouth Dakota Supreme Court · 1948
- Peterson v. MillerSouth Dakota Supreme Court · 1914
- Stewart v. Rapid CitySouth Dakota Supreme Court · 1925
- McWaid v. DarnellSouth Dakota Supreme Court · 1918
4 more not listed; retrieve them via the Exa API.