State v. Halvorsen

That this conviction must be reversed for error in admitting the testimony given by defendant at the coroner’s inquest follows from the holding in State v. Hoffman, 53 S.D. 182, 220 N.W. 615 and approved in State v. Smith, 56 S.D. 238, 228 N.W. 240. See also State v. Allison, 116 Mont. 352, 153 P.2d 141; 5 A.L.R.2d 1446, 1453. Whether the court should further direct the information be quashed seems of such moment as to require this expression of concurrence. This legal principle was announced by dictum in the Smith opinion, accepted, distinguished or not applied in State ex rel. Poach v. Sly,…