State ex rel. Kotilinic v. Swenson

Citations

• 18 S.D. 196
• 99 N.W. 1114
• 1904 S.D. LEXIS 42

Syllabus

<p>1. Rev. Code Cr. Proo. \\ 219, abolishes all forms of pleading in criminal actions and the rules by which the sufficiency of the pleading- is to be determíned other than those prescribed by the Code, and sections 221, 229, provide that an indictment shall contain the title of the action, specifying the name of the court, the names of the parties, and a statement of the acts constituting the offense in ordinary and concise language, and that it shall be sufficient if the statement of the acts is clearly set forth in ordinary and concise language, so as to enable a person of common understanding to know what is intended. Held, that an indictment lor murder, alleging that accused did shoot and mortally wound deceased with a certain loaded pistol, of which mortal wound deceased died on the second day after receiving such wound, was sufficient, though it contained no formal, charge of murder, did not allege that defendant held the firearm in his, hand, or aver that he discharged the contents thereof into the body of deceased, or state what part of the body was wounded.</p> <p>2. In prosecutions for felony the personal presence of the accused,is only-re-' quired at such times as is specially prescribed by statute. . .</p> <p>3. Where, in a criminal prosecution, the records- showed that the prisoner was duly arraigned and pleaded to the indictment, that he was person-, ally present at the impaneling of the jury by whom he was tried, and gave testimony in his own behalf before them, it would be presumed that he continued to be present until after the verdict was received, in;the absence of a showing by the record to the contrary. . ■</p>