State v. Finder

Citations

• 10 S.D. 103
• 72 N.W. 97
• 1897 S.D. LEXIS 28

Syllabus

<p>1. A defendant indicted for an assault with a dangerous weapon with intent to do bodily harm may be found guilty of a simple assault, in view of Comp. Laws, § 7429, providing that “the jury may find the defendant guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment.”</p> <p>2. In view of Const. Art. 5, § 14, conferring original jurisdiction upon circuit courts in all actions and cases, a circuit court has jurisdiction to try a misdemeanor, which by Comp. Laws, §§ 6509, 7043, may be tried in justices’ courts.</p> <p>3. Where, on the filing of an affidavit of prejudice, the judge of another circuit was called in, and tried the case, but was absent when the jury had reached their vordict, it was not reversible error for the judge from whom the charge .was taken to receive it.</p> <p>4. Where the only support to the contention that a jury reached a compromise verdict by finding defendant, indicted for felony, guilty of a misdemeanor only, is great conflict of evidence, the verdict will not be disturbed.</p> <p>5. In a prosecution for an assault with intent to do bodily harm, it is not error for the complaining witness to exhibit to the jury an injured hand, without proof that the injury did not occur before the assault, where defendant makes no request for such proof. Fuller, J., dissenting.</p>