State v. Irwin

Citations

• 17 S.D. 380
• 97 N.W. 7
• 1903 S.D. LEXIS 64

Syllabus

<p>Under Rev. Code Cr. Pro. §§299, 300 providing that an issue of fact, which must be tried by the jury, arises on a plea of former acquittal, it is error for the court to pass on the evidence on such plea without submitting it to the jury.</p>