State v. Olson
| Decision Date | 19 July 1967 |
| Docket Number | No. 10458,10458 |
| Citation | 152 N.W.2d 176,82 S.D. 605 |
| Parties | STATE of South Dakota, Plaintiff and Respondent, v. Leslie L. OLSON, Defendant and Appellant. |
| Court | South Dakota Supreme Court |
Frank L. Farrar, Atty. Gen., Pierre, Sam D. Sechser, Deputy State's Atty., Sioux Falls, for plaintiff and respondent.
L. A. Weisensee, Canton, for defendant and appellant.
Application was made to me that the defendant be admitted to bail pending his appeal to this court from a sentence of the Circuit Court of the Second Judicial Circuit in and for Minnehaha County, South Dakota, dated June 12, 1967, which after hearing on June 13, 1967, was denied without prejudice to a subsequent application upon the record and such facts as may be considered appropriate thereafter.
Another application was thereafter forwarded to the clerk of the court and assigned to me for consideration. A hearing by consent of counsel was held July 17, 1967, and I have signed an order authorizing the defendant to be admitted to bail in the sum of $5,000.00 pending such appeal and this Memorandum is written immediately thereafter to explain my views. Article VI, § 8, of the South Dakota Constitution reads:
'All persons shall be bailable by sufficient sureties, except for capital offenses when proof is evident or presumption great. * * *'
In City of Sioux Falls v. Marshall, 1925, 48 S.D. 378, 204 N.W. 999, 45 A.L.R. 447 Judge Campbell construed this provision as follows:
SDC 1960 Supp. 34.1803 provides:
'After conviction in any case other than for a capital offense, where the defendant appeals from the judgment, bail by sufficient sureties is allowable * * *'.
SDC 1960 Supp. 34.4107 provides:
'A defendant who appeals from a judgment of conviction may be admitted to bail by the trial court or any Judge of the Supreme Court in such sum as such court or judge deems proper in the following cases:
(1) As a matter of right when the appeal is from a judgment imposing a fine only.
(2) In other cases excepting in case of appeal from a judgment imposing sentence of death only when, in the opinion of the trial court or any Judge of the Supreme Court to whom application is made, the ends of justice demand that the defendant be admitted to bail. * * *'
In addition to the opinion by Judge Campbell in the Marshall application where bail was denied other opinions involving bail have been considered including State v. Molseed, 1922, 46 S.D. 57, 190 N.W. 554, and State v. Rosander, 1923, 46 S.D. 516, 194 N.W. 837, where bail was likewise denied and State v. Cooley, 1923, 46 S.D. 518, 194 N.W. 838, and State v. Schultz, 1926, 50 S.D. 303, 210 N.W. 50, where the application for bail was granted.
The facts as they appear from the hearing are defendant has been engaged in the sale of trailers and for transactions involving such business he was charged and convicted of crime by embezzlement by bailee on January 30, 1967, and sentenced to 4 years in the penitentiary. From that conviction defendant appealed to this court and is free on bond pending such appeal, the bond having been fixed and approved by the trial judge. Defendant was later tried for a similar offense committed prior to that conviction with a different trial judge presiding and upon such conviction sentenced to 4 years in the penitentiary. This trial judge denied bail pending the appeal from the second conviction.
Defendant is 36 years of age, married and the father of six minor children, has been a resident of Sioux Falls, South Dakota, for eight years, is a salesman and presently selling advertising signs. He has previously furnished bond for appearances at the trials, has appeared at such trials and hearings, exhibited a willingness to appear in accordance therewith and states that his troubles involved a series of transactions in the sale of mobile homes, that out of this business the company with which he was...
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United States ex rel. Means v. Solem
...presence in court proceedings and (2) the protection of the public. State of South Dakota v. Means, supra, at 605; State v. Olson, 82 S.D. 605, 152 N.W.2d 176 (1967). This is distinguishable from the interests of the state in the matters of parole and probation. There the two primary intere......
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State v. Allan
...Lexington Surety & Indemnity Co., 272 N.Y. 210, 5 N.E.2d 204 and citations; Lemme v. Langlois, R.I., 244 A.2d 271, 273; State v. Olson, S.Dak., 152 N.W.2d 176, 177-178. See also Taylor v. Taintor, 83 U.S. (16 Wall.) 366, 371, 21 L.Ed. 287, Lemme v. Langlois, supra, says of an accused admitt......
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United States ex rel. Bad Heart Bull v. Parkinson, Civ. 74-4051.
...fits the statutory specifications, is entitled to have his application for bail pending appeal fairly considered. In State v. Olson, 82 S.D. 60, 152 N.W.2d 176 (1967), the South Dakota court indicated the factors to be considered in passing upon an application for bail pending appeal. The s......
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State v. Means, 11826
...granting bail in any given case. United States ex rel. Bad Heart Bull v. Parkinson, D.C.S.D., 385 F.Supp. 1265. See also State v. Olson, 82 S.D. 605, 152 N.W.2d 176. The circumstances under which the trial court imposed condition 4 must be considered when weighing the reasonableness of that......