State v. Dorman

Citations

• 9 S.D. 528
• 70 N.W. 848
• 1897 S.D. LEXIS 116

Syllabus

<p>1. An indictment charging that defendant did willfully, etc., “cut and remove” from school land certain timber then and there growing, charges an offense within Laws 1890, Chap. 140, Sec. 2, prescribing punishment for any person “who shall remove” any timber standing or growing on such land; the word “cut” being mere surplussage.</p> <p>2. The statute does not require that the offense shall be “knowingly” committed, and hence it is no defense that defendant did not know that the land from which he removed the timber was school land,</p> <p>3. Comp. Laws, Sec. 6215, providing that “all persons are capable of committing crimes except * * * (5) persons who committed the act or made the omission charged, under an ignorence or mistake of fact which disprove any criminal intent,” is only applicable to aclassof caseswhere a scienter is material to constitute the offense.</p> <p>4. The bill of exceptions, unless corrected in the manner provided by statute (Comp. Laws, § 7443), is conclusive upon the supreme court.</p>