State v. McElwain

Citations

• 16 S.D. 436
• 93 N.W. 647
• 1903 S.D. LEXIS 103

Syllabus

<p>Defendant, on trial for manslaughter in the first degree, was convicted of manslaughter in the second degree, and a new trial was awarded him. On the new trial a demurrer was sustained to his plea that he had ’ been acquitted of manslaughter in the first degree. He was again convicted of manslaughter in the second degree. Held, that the sustaining of the demurrer was not prejudicial to defendant.</p>