Territory v. King
Decision Date | 28 February 1889 |
Citation | 6 Dak. 131,50 N.W. 623 |
Parties | Territory v. King. |
Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Error to district court, Beadle county; James Spencer, Judge.
Benjamin King was convicted on an indictment for an assault on one Edwards with a sharp and dangerous weapon, with intent to do great bodily harm, and, a new trial being denied, he brings error. Affirmed.
Defendant interposed a special plea to the indictment, alleging that “he had already been convicted by the jury of the offense charged in this indictment, to-wit, on the 13th day of April, A. D. 1887, and thereafter discharged and acquitted by the judgment of the court herein on, to-wit, May 2, 1887.” A demurrer to the plea was sustained. After the jury had been out 28 hours, the court gave them further instructions, and, among other things, said to them: Code Crim. Proc. Dak. § 343, provides that The indictment was not formally read to the jury, but it appeared that the prosecuting attorney, in impaneling the jury, stated to each member thereof the nature and circumstances of the offense charged, the name of defendant, and the person on whom the assault was made; that, after the jury had been impaneled and sworn, he stated to them in substance the allegations of the indictment, and that defendant had entered a plea of not guilty thereto; and he then stated in detail the substance of the facts he intended to prove. After the case was submitted to the jury, but before they retired to the jury-room, they were given a recess of five minutes, and separated for that time; and one of the jurors, on account of lameness, was left alone in the jury-room, but with the door locked, while the others, under the charge of the bailiff, went to the hotel for their meals. From an examination by the court of the jurors, and from an affidavit of the bailiff, it appeared that during such times they had no conversations with any one relative to the case, and heard no remarks in regard to it. Defendant, in moving for a new trial, presented affidavits of...
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State v. Levy
... ... 912.) ... In a criminal case a new trial will be granted when the ... evidence preponderates against the verdict. ( Territory v ... Reuss, 5 Mont. 605, 5 P. 885; Leake v. State, ... 29 Tenn. (10 Humph.) 144.) "A new trial will be granted ... where a conviction is had ... Bemmerly, 98 Cal. 299, 33 P. 263; People v ... Bush, 68 Cal. 623, 10 P. 169; Key v. State, 28 ... Ark. 155; Territory v. King, 6 Dak. 131, 50 N.W ... 623; Territory v. Hart, 7 Mont. 489, 17 P. 718.) ... SULLIVAN, ... C. J., STOCKSLAGER, J. Stockslager, J., ... ...
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State v. Kent
... ... 525; Elliott v. State, 51 N.W. 315; Thomp. on ... Trials, 652, 653. The point of objection to this line of ... cross-examination in Territory v. O'Hare, 1 N.D ... 30, (44 N.W. 1003,) was that "the state cannot inquire ... into defendants history or attack his character unless the ... Greenleaf ... Ev. § 459; Whart. Cr. Ev. § 472; Carroll v ... State, 24 S.W. 100; Holder v. State, 25 S.W ... 279; Turner v. King, 32 S.W. 941. A defendant cannot ... be asked if he has been indicted for the purpose of ... impeaching him. Van Bokkelen v. Berdell, 130 N.Y ... ...
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... ... Iowa 288; State v. Tatman, 59 Iowa 471, 13 N.W. 632; ... Josephine v. State, 39 Miss. 613; Teat v ... State, 53 Miss. 439; King v. People, 5 Hun ... 297; Com. v. Cook, supra; Com. v. Fitzpatrick, supra; ... Hilands v. Com., 1 Cent. Rep. 899, 56 Am. Rep. 235; ... the special pleas and then proceed to the merits. People ... v. Briggs, 1 Ter. R. 293; Territory v. King, 6 ... Dak. 131, 50 N.W. 623; People v. Connor, 36 N.E ... 807; State v. Hudkins, 13 S.E. 367 ... YOUNG, ... J ... ...
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State v. Wilson, 12944
...the record is far from clear, it appears the information was not read to the jury as required by SDCL 23A-24-2(1). Territory v. King, 6 Dak. 131, 50 N.W. 623 (1889), was an instance of complete failure of the state to have the indictment and plea read to the jury. The failure was in violati......