State v. Isaacson

Citations

• 8 S.D. 69
• 65 N.W. 430
• 1895 S.D. LEXIS 14

Syllabus

<p>3. An indictment under the statute, direct and certain as to time, place, and the party charged, is ordinarily sufficient, if the offense is described substantially in statutory language, fully apprising the accused of the nature and particular circumstances of the charge against him.</p> <p>2. Although the statute requiring the names of all witnesses examined before the grand jury to be placed at the foot of the indictment or indorsed thereon is mandatory, the overruling of a motion to quash, made after plea, and for the reason that a name has been omitted, is not reversible error, when such witness is not allowed to testify on the part of the state, and it clearly and affirmatively appears that the accused was not injured by the exercise of the court’s discretion.</p> <p>3. Before the trial commenced, counsel for the prosecution, in open court, gave oral notice that certain witnesses not examined before the grand jury would be called on the part of the state, and it is held, not necessarily error to allow such witnesses to testify, over an objection that said notice was not in writing and given at an earlier date.</p> <p>4. A regardful examination of the record as presented discloses no erroneous ruling of the court on the admission or rejection of evidence, for which judgment of conviction should be reversed. \\</p> <p>(Syllabus by the Court.</p>