Legal Opinion

State v. Carmel

South Dakota Supreme Court

Decided November 16, 1915No. File No. 3883PublishedCited by 5 opinions

Appeal' from' Circuit Count, Lawrence County. Hon. James McNenny, Judge. The defendant, Michael Carmel, was convicted of the crime of rape, and from a judgment of conviction, and from an order denying a new trial, he appeals.

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Appeal' from' Circuit Count, Lawrence County. Hon. James McNenny, Judge. The defendant, Michael Carmel, was convicted of the crime of rape, and from a judgment of conviction, and from an order denying a new trial, he appeals. (i) To point one of the opinion, Appellant cited: People v. Moody, (Cal.) io Pac. 392; State v. Clement, (Cal.) 35 Pac. 1022; Bohannan v. iState (Okla.) 35 Pac. 1092; State v. Topham, (Utah) 123 Pac. 897; State v. .Chance, (Kan.) 27 L. R. A. (N. S.) 1006; 22 Cyc. Law & Proc. pp. 436, 437; Bill of Rights, Sec. 7, Const. S. D.; Comm. v. Mabar, 16 Pick. 120; People v.…

1Opinion of the CourtWhiting, J.

Appellant, having been convicted of a felony, appealed from the judgment of conviction and from an order denying a new trial. But two matters are presented for our consideration: (1) The overruling of a motion in arrest of judgment; (2) the sufficiency of the evidence to sustain the verdict of guilty.

[1] Appellant was arrested and had a preliminary hearing upon a complaint charging him with having, on October 1, 1914, committed the offense of which he now stands convicted. Pie was bound over to the circuit court, where the state’s attorney, in April, 1915, filed an information, charging…

2Cases cited6 opinions

  1. State v. ReddingtonSouth Dakota Supreme Court · 1895
  2. Malloy v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1914
  3. Smith v. PenceSouth Dakota Supreme Court · 1914
  4. Conrand v. StateSupreme Court of Arkansas · 1898
  5. People v. DinsmoreCalifornia Supreme Court · 1894

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

3Cited by5 opinions

  1. State v. IrishSupreme Court of Minnesota · 1931
  2. Denton v. ButlerSouth Dakota Supreme Court · 1916
  3. Anderson v. LarsonSouth Dakota Supreme Court · 1934
  4. State v. NelsonSouth Dakota Supreme Court · 1981
  5. State v. NelsonSouth Dakota Supreme Court · 1981

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