State v. Hall

Citations

• 14 S.D. 161
• 84 N.W. 766
• 1900 S.D. LEXIS 21

Syllabus

<p>1. Under Comp. Laws, § 7244, declaring that, when an offense may have been committed by the use of different means, the means may be alleged in the alternative in the same count in the indictment, where the body of one murdered indicated a homicide effected by shooting and by striking with a heavy instrument co-operatively, and the information for the crime charged conjunctively in a single count that death was caused by shooting and by blows with a heavy instrument, it was not invalid on the ground that the word “may” in Section 7244 was mandatory, and required the statement of the means to be in the alternative.</p> <p>2. Where, on a prosecution for murder, a witness was shown a letter purporting to have been written by defendant, and he testified he received it in due course of mail, that it was from defendant, and that his name was attached to it, there was not sufficient foundation for tlie admission of the letter, it not appearing that witness was familiar with the writing of defendant.</p>