State v. Coleman

Citations

• 17 S.D. 594
• 98 N.W. 175
• 1904 S.D. LEXIS 10

Syllabus

<p>1. On trial of an indictment, the jury, under proper instructions, are the sole judges of the weight of the evidence.</p> <p>2. Where defendant, while in jail, handed a letter to one of his guards, with directions to deliver it to the addressee, and the defendant's brother and sister testified that it was in defendant’s handwriting, its genuineness was sufficiently proven to admit it in evidence for purpose of comparison of handwriting.</p> <p>3. Where defendant’s attorney, in cross-examining a witness, stated that a certain exhibit was the proved and admitted signature of the defendant and asked witness whether the same hand that signed it signed a certain paper in question, defendant could not rely on the objection that the exhibit was erroneously admitted because not proven genuine.</p> <p>4. On trial of indictment charging defendant with killing his brother, the motive alleged was a desire to procure insurance money. Deceased had taken out a life insurance policy for $5,000, of which defendant was named as beneficiary in a will alleged to have been executed by deceased. Defendant had taken out a similar policy, and executed a will therefor in his brother’s favor. Held, that a letter written by defendant, while in jail, to the state’s attorney asking him to send defendant his grip, which was found to contain the insurance policies and wills, was properly admitted in evidence.</p> <p>5. Medical examination sheets and certificates and applications for insurance, some purporting to be signed by deceased and some signed by defendant, were properly admitted under the state’s theory that defendant applied for insurance and executed the will in favor of his brother to induce him to do the same for defendant.</p> <p>6. On trial of an indictment charging defendant with killing his brother, in which the motive alleged was to secure the benefits of insurance on the life of the deceased, applications for further insurance, notes for premiums, and a will naming defendant a