Bean v. Best

I concur generally in the reasoning and conclusions expressed by Judge SMITH. I do not, however, agree that it was error for the trial court to deny plaintiff’s request that the jury be permitted to view the county jail. SDC 33.1322 recognizes the right of the trial court to permit inspection in jury cases “When in the opinion of the Court it is proper”. Whether a view is proper and to be ordered rests in the sound discretion of the court. Denial of permission to view the county jail was not in my opinion an abuse of discretion.

It is urged that there was misconduct on the part of one of…