Legal Opinion

State v. Pollock

South Dakota Supreme Court

Decided December 16, 1919No. File No. 4580PublishedCited by 6 opinions

Appeal from Municipal Court of the City of Watertown, South .Dakota. Hon. I. H. MyPrs, Judge. The defendants, Stanley Pollock and. another, were charged with having in their possession and under their control certain perch and pickerel, between the first day of 'March and the first day of May following, contrary to statute. From an order overruling a demurrer to the complaint, defendants appeal.

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Appeal from Municipal Court of the City of Watertown, South .Dakota. Hon. I. H. MyPrs, Judge. The defendants, Stanley Pollock and. another, were charged with having in their possession and under their control certain perch and pickerel, between the first day of 'March and the first day of May following, contrary to statute. From an order overruling a demurrer to the complaint, defendants appeal. (1) To point one of the opinion, Respondent cited, re common law, 2 Cyc. 306; 12 R. C. D. 684; re state authority, 12 R. C. L. 698, 699; note 3; 3 L. R. A. (N. S.) 163. (2) To point two, Appellant…

1Opinion of the CourtSmitpi, P. J.

Appeal from an order of the municipal court of the city of Watertown, Codington county, overruling the demurrer of defendants to a criminal complaint which charges defendants' with the cxdme of “having* in their possession and under their control ceidain fish, to wit, perch andi pickerel, between the first day of March and' the first day of May, contrary to the form of the statute, etc.”

Demurrer on the grounds:

“First, that the allegations contained in the complaint herein do not describe or constitute a public offense; second, that the complaint herein does xxot substantially conform to the…

2Cases cited6 opinions

  1. People v. . HawkinsNew York Court of Appeals · 1898
  2. State v. McGuireOregon Supreme Court · 1893
  3. People v. O'NeilMichigan Supreme Court · 1888
  4. State v. SchumanOregon Supreme Court · 1899
  5. People v. . ClairNew York Court of Appeals · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. KlagerSouth Dakota Supreme Court · 2011
  2. Benson v. StateSouth Dakota Supreme Court · 2006
  3. Benson v. StateSouth Dakota Supreme Court · 2006
  4. Reis v. MillerSouth Dakota Supreme Court · 1996
  5. Reis v. MillerSouth Dakota Supreme Court · 1996

1 more not listed; retrieve them via the Exa API.

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