State v. Caddy

Citations

• 15 S.D. 167
• 87 N.W. 927
• 1901 S.D. LEXIS 103

Syllabus

<p>1. An acquittal on trial of an indictment under Comp. Laws, § 6491, charging an assault on a certain person with a deadly weapon with intent to rob, is not a bar to a conviction under Section 6481 on an indictment charging robbery in taking money from such person against his will, by force.</p> <p>2. Where accused attempts to impeach the prosecuting witness by showing contradictory statements out of court, the state may show in rebuttal that just after the transaction, and before the contradictory statements were made, the witness made statements as to the transaction consistent with his testimony at the trial.</p>