Territory of Dakota v. Anderson
Supreme Court Of The Territory Of Dakota
ERROR to the district court, Minnehaha county; Hon. E. R. Aikens, Judge. The defendant, John Anderson, was convicted of the crime of grand larceny. At the proper time he moved the court in arrest of judgment, “for the reason that the facts stated in the indictment * * * do not constitute a public offense.” This motion was denied and final judgment was entered against him, whereupon he sued out this writ.
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ERROR to the district court, Minnehaha county; Hon. E. R. Aikens, Judge. The defendant, John Anderson, was convicted of the crime of grand larceny. At the proper time he moved the court in arrest of judgment, “for the reason that the facts stated in the indictment * * * do not constitute a public offense.” This motion was denied and final judgment was entered against him, whereupon he sued out this writ. The indictment and the statute defining the offense are stated in the head-note. Larceny, in this territory, is a statutory crime. § 508, Pen. C. The indictment is insufficient, for, assuming…
1Opinion of the Court
By the Court :
The judgment in this case is affirmed.
All of the justices concur except Aikbns, J., not sitting.
2Cited by2 opinions
- State v. ProvostSouth Dakota Supreme Court · 1978
- State v. HalpinSouth Dakota Supreme Court · 1902