State v. Kieffer

Citations

• 17 S.D. 67
• 95 N.W. 289
• 1903 S.D. LEXIS 12

Syllabus

<p>1. Comp. Laws. Dak. 1887, § 7301, provides that a plea of former jeopardy may be interposed either with or without a plea of not guilty; section 7319 provides that an issue of fact arises on a plea of not guilty and on a plea of former jeopardy and section 7320 provides that all issues' of fact shall be tried to a jury. Held that, where pleas of not guilty and former jeopardy have been interposed in a criminal case, there must be a verdict on both pleas before a judgment dan be entered against defendant.</p> <p>2. Under a plea o f former jeopardy in a’prosecution for the theft of one of several animals found killed and dressed in defendant’s barn, evidence of defendant’s acquittal on a trial for the theft of one of the other animals was admissible, even though the animals belonged to different owners, as the whole transaction would he but one crime if the animals were taken at the same time and in one act, and it was for the jury to determine whether they were thus taken.</p>