State v. Horn
South Dakota Supreme Court
Error to Circuit Court, Clark County. Hon. George H. Marquis, Judge. Charles Horn was convicted of shooting without justifiable or excusable cause, at another with intent to injure him, and brings error.
1Opinion of the CourtFuller, P. J.
By an information based on section 285 of the Revised Penal Code, plaintiff in error was charged with the crime of shooting at a person named therein with a firearm with the intent tO' kill him, and at the trial the jury returned the following verdict: “We, the jury, find the defendant guilty of shooting without justifiable or excusable cause, at another with a firearm with intent to injure him."
In support of the claim that the conviction must be reversed, it is urged by counsel for the accused that this verdict, if not fatally indefinite and in legal effect, an acquittal, operates to convict…
2Cases cited13 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Pritchett v. StateSupreme Court of Alabama · 1853
- State v. AlexanderSupreme Court of Missouri · 1877
- State v. ElliottSupreme Court of Iowa · 1877
- Reynolds v. StateIndiana Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. VierckSouth Dakota Supreme Court · 1909
- State v. MurbachNorth Dakota Supreme Court · 1927
- State v. FrazerSouth Dakota Supreme Court · 1909
- State v. SullivanUtah Supreme Court · 1929
- State v. MichelskiNorth Dakota Supreme Court · 1936
4 more not listed; retrieve them via the Exa API.