State v. Knapp
South Dakota Supreme Court
Appeal .from Circuit Court, Butte County. Hon. William G. Rick, Judge. Defendant, Ladd A. Knapp, wag convicted of statutory rape, and appeals. Attention of jury was called to the fact that defendant had not testified in his own behalf in said remarks. State v. Jones, 113 N. W. 716. There is no. way of telling what the jury understood his meaning- to ¡be.
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Appeal .from Circuit Court, Butte County. Hon. William G. Rick, Judge. Defendant, Ladd A. Knapp, wag convicted of statutory rape, and appeals. Attention of jury was called to the fact that defendant had not testified in his own behalf in said remarks. State v. Jones, 113 N. W. 716. There is no. way of telling what the jury understood his meaning- to ¡be. If by any construction, it could relate to defendant not having taken the stand, either directly or indirectly, then appellant’s substantial rights were affected by that language. This language is dearly prejudicial error to the substantial…
1Opinion of the CourtSmith, J.
Appeal from circuit court of Butte county. Appellant was convicted of the crime of statutory rape. The state offered its evidence, and rested. Appellant offered mo evidence.
[I] In his closing argument, the assistant state’s attorney made remarks alleged to be prejudicial to appellant’s legal rights, •in that they called the attention of the jury to the fact that appellant did not take the witness stand in. his own 'behalf. The remarks were objected to-, the objections overruled, and proper exceptions taken. These are tire only matters assigned as error. None of the evidence is in the record,…
2Cases cited21 opinions
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
- State v. RuckSupreme Court of Missouri · 1906
- Frazier v. StateIndiana Supreme Court · 1893
- State v. GarringtonSouth Dakota Supreme Court · 1898
- State v. WilliamsSouth Dakota Supreme Court · 1898
16 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. WincklerSouth Dakota Supreme Court · 1977
- State v. ParkerSouth Dakota Supreme Court · 1978
- State v. WolfeSouth Dakota Supreme Court · 1936
- State v. RosalesSouth Dakota Supreme Court · 1981
- State v. BrownSouth Dakota Supreme Court · 1965
5 more not listed; retrieve them via the Exa API.