State v. Adams

Citations

• 11 S.D. 431
• 78 N.W. 353
• 1899 S.D. LEXIS 9

Syllabus

<p>Defendant was convicted of rape on a female under the age of 16 years, and his application for a new'trial was denied; but inasmuch as the evidence showed that the female was more than 16 years old at the time when the offense was alleged to have been committed, the court on its own motion arrested the judgment, and ordered defendant to be held in custody for 10 days, during which a second information was filed against him, charging the same offense, with the exception that the date of the commission of the offense was earlier. Held, that, a piea of former jeopardy should be sustained, in view of Const. Art. 6, § 9, providing that “no person shall * * * be twice put in jeopardy for the same offense.”</p>