State v. Evans

Citations

• 12 S.D. 473
• 81 N.W. 893
• 1900 S.D. LEXIS 58

Syllabus

<p>1. It is not necessary that the abstract show that a writ of error was issued out of the supreme court, as it wilt take judicial notice of its own record.</p> <p>2. In the absence of an aditional abstract, the court on appeal will assume that a hill of exceptions is properly settled, though such fact does not affirmatively appear from the abstract.</p> <p>3. Under Comp. Laws, § 7473, directing the clerk, when a judgment of conviction is rendered, to enter the same on the minutes, and file the charges given and refused, etc., which constitute the record, the charge of the court in a criminal case constitutes a part of the judgment roll, and hence is not required to be included in the bill of exceptions.</p> <p>4. Where the erroneous instruction that defendant was presumed innocent ' of the crime oharg-od until his guilt was established by a preponderance of the evidence was not clearly withdrawn, the charge that the jury must he satisfied of the guilt of the accused beyond, a reasonable doubt did not cure the error.</p>