Territory v. Couk
| Decision Date | 31 October 1879 |
| Citation | 2 Dak. 188,47 N.W. 395 |
| Parties | Territory v. Couk. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Error to district court, Lawrence county.Campbell & Smith and Albert Allen, for plaintiff in error. A. W. Hastie, Dist. Atty., for the Territory.
In this case the defendant was convicted in the district court of Lawrence county for the crime of murder, in the killing of one Minnie Callison, and the defendant brought the case to the supreme court by writ of error. The facts, in brief, were that one Minnie Callison was murdered in her house at Dead wood by being struck on the head with some blunt instrument while she was lying in bed, and some time in the night-time, about August 20, 1878. For this murder, the defendant was indicted and convicted. No opinion has been written in the case, as Judge Barnes, to whom it was assigned, went out of office before preparing the opinion. The main point decided in the case in this court, and upon which it turned, was this: That the declarations of the deceased, made at a neighbor's house while she was on her way returning home, where she was killed, from a visit to another place in the same town, and shortly before she was killed, (the same night,) where she was going, and whom she expected to meet at home on her arrival, including the defendant, were properly admitted in evidence in the district court. The supreme court were of the opinion that this case was parallel in principle to the case of Hunter v. State, 40 N. J. Law, 496.
1. This case, filed at October term, 1879, is now published by request, with two others, in order that the Northwestern Reporter may cover all cases in volume 2, Dakota Reports.
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State v. Hayward
...Hunter v. State, 40 N. J. Law, 495; State v. Dickinson, 41 Wis. 299, and cases there cited; Thomas v. State, 67 Ga. 460; Territory v. Couk, 2 Dak. 188, 47 N.W. 395; Cluverius v. Com., 81 Va. 787; State Cross, 68 Iowa 180, 26 N.W. 62; Kirby v. State, 7 Yerg. 259; Edmonds v. State, supra; Peo......
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... ... Dickinson, 41 Wis. 299; ... State v. Jones, 64 Iowa 349, 17 N.W. 911, 20 N.W ... 470; Carroll v. State, 22 Tenn. 315; Territory ... v. Couk, 2 Dak. 188, 47 N.W. 395; D. & R. G. R. R ... Co. v. Spencer, 25 Colo. 9, 52 P. 211; Cluverius v ... Commonwealth, 81 Va. 787; ... ...
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