State ex rel. Henning v. Jameson, 8826

CourtSupreme Court of South Dakota
Writing for the CourtSICKEL, Judge.; RUDOLPH, Presiding Judge (concurring).
Citation22 N.W.2d 731,71 S.D. 144
Docket Number8826,8837
Decision Date06 May 1946
PartiesSTATE OF SOUTH DAKOTA, ex rel. CARL HENNING, Respondent, v. G. NORTON JAMESON, Warden of the South Dakota State Penitentiary, Appellant. STATE OF SOUTH DAKOTA, ex rel. CARL HENNING, Appellant, v. G. NORTON JAMESON, Warden of the South Dakota State Penitentiary, Respondent.
71 SD 144, 22 NW2d 731 (1946)

STATE OF SOUTH DAKOTA,
ex rel. CARL HENNING,

Respondent,
v.
G. NORTON JAMESON,

Warden of the South Dakota State Penitentiary,
Appellant.

STATE OF SOUTH DAKOTA,
ex rel. CARL HENNING,

Appellant,
v.
G. NORTON JAMESON,

Warden of the South Dakota State Penitentiary,
Respondent.


South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County, SD
Hon. Lucius J. Wall, Judge
#8826, #8837—Affirmed

John R. McDowell, State’s Attorney, Sioux Falls, SD
Newton J. Jones, State’s Attorney, Britton, SD
George T. Mickelson, Attorney General
E. D. Barron, Assistant Attorney General, Pierre, SD
Attorneys for Jameson.

T. R. Johnson, George J. Danforth, Sioux Falls, SD
Attorneys for Henning.

Opinion Filed May 6, 1946

[71 SD 145]

SICKEL, Judge.


An information was filed in the circuit court of Marshall County charging Carl Henning with the crime of incest. After arraignment on this charge, another information was filed charging him with rape, on the same state of facts. He pleaded guilty to both charges. He was sentenced to ten years on the incest charge and twenty years on the rape charge, the sentences to run consecutively. After serving part of the sentence Henning applied for his discharge on habeas corpus. Judgment was entered in the circuit court discharging the defendant from the custody of the warden of the state penitentiary, but directing that the warden deliver him to the sheriff of Marshall County for further proceedings according to law. Then the State appealed from the orders discharging Henning, and Henning

[71 SD 146]

appealed from that part of the orders directing that he be delivered to the custody of the sheriff of Marshall County.

The State claims that the circuit court erred in finding that Henning was not sufficiently advised of his constitutional rights at the time of the arraignment, on either charge.

It appears from the transcript of the arraignment proceedings that Henning was not represented by counsel at the arraignment in either case; that at the arraignments and before entering a plea, the court each time asked the defendant if he had a lawyer, and that each time defendant answered “I don’t need any.” No advice or information was given defendant by the court as to the rights of a person brought before the court for arraignment and plea of guilty on a charge of felony.

Before permitting the entry of such a plea, it is the duty of the court to fully advise the defendant of his rights. These rights are stated in the Constitution of the United States, Sixth Amendment, as follows:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause...

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21 practice notes
  • United States ex rel. Miner v. Erickson, No. 19977.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 5, 1970
    ...has repeatedly recognized and enforced this right. State v. Haas, 69 S.L. 204, 8 N.W.2d 569, 570 (1943); State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731, 732 (1946); State ex rel. Parker v. Jameson, 75 S.D. 196, 61 N.W. 2d 832, 833 (1953); State v. Hillerud, 76 S.D. 476, 81 N.W......
  • State v. Beckley, No. 24062.
    • United States
    • Supreme Court of South Dakota
    • December 5, 2007
    ...and the consequences of his guilty plea." Id. [¶ 11.] Beckley, however, cites this Court's decision in State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731 (1946), for the proposition that the failure to advise of the right to compel witnesses 742 N.W.2d 845 before receiving a guilt......
  • Mazakahomni v. State
    • United States
    • United States State Supreme Court of North Dakota
    • January 18, 1947
    ...123 W.Va. 304, 14 S.E.2d 910; Ex parte Kramer, 61 Nev. 174, 122 P.2d 862;State v. Haas, S.D., 8 N.W.2d 569;State v. Jameson, S.D., 22 N.W.2d 731;State ex rel. Baker v. Utecht, 221 Minn. 145, 21 N.W.2d 328. The provisions of the Sixth Amendment of the United States Constitution guaranteeing ......
  • Nachtigall v. Erickson, No. 10786
    • United States
    • Supreme Court of South Dakota
    • June 16, 1970
    ...may entail' and ascertainment that he 'is acting with volition Page 198 and understanding * * *.' In State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731, in a habeas corpus proceeding, we held a trial court was without jurisdiction to accept a guilty plea without advising the accus......
  • Request a trial to view additional results
21 cases
  • United States ex rel. Miner v. Erickson, No. 19977.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 5, 1970
    ...has repeatedly recognized and enforced this right. State v. Haas, 69 S.L. 204, 8 N.W.2d 569, 570 (1943); State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731, 732 (1946); State ex rel. Parker v. Jameson, 75 S.D. 196, 61 N.W. 2d 832, 833 (1953); State v. Hillerud, 76 S.D. 476, 81 N.W......
  • State v. Beckley, No. 24062.
    • United States
    • Supreme Court of South Dakota
    • December 5, 2007
    ...and the consequences of his guilty plea." Id. [¶ 11.] Beckley, however, cites this Court's decision in State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731 (1946), for the proposition that the failure to advise of the right to compel witnesses 742 N.W.2d 845 before receiving a guilt......
  • Mazakahomni v. State
    • United States
    • United States State Supreme Court of North Dakota
    • January 18, 1947
    ...123 W.Va. 304, 14 S.E.2d 910; Ex parte Kramer, 61 Nev. 174, 122 P.2d 862;State v. Haas, S.D., 8 N.W.2d 569;State v. Jameson, S.D., 22 N.W.2d 731;State ex rel. Baker v. Utecht, 221 Minn. 145, 21 N.W.2d 328. The provisions of the Sixth Amendment of the United States Constitution guaranteeing ......
  • Nachtigall v. Erickson, No. 10786
    • United States
    • Supreme Court of South Dakota
    • June 16, 1970
    ...may entail' and ascertainment that he 'is acting with volition Page 198 and understanding * * *.' In State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731, in a habeas corpus proceeding, we held a trial court was without jurisdiction to accept a guilty plea without advising the accus......
  • Request a trial to view additional results

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