State v. Reddington

Citations

• 7 S.D. 368
• 64 N.W. 170
• 1895 S.D. LEXIS 80

Syllabus

<p>1. Where the record shows that a defendant, regularly indicted for a felony, is present in court in person and by counsel, announces himself ready pv trial, goes to trig! yithout objection, and submit^ to t}ie jury th.e question of guilt, upon a trial regularly conducted, as upon a plea of “not guilty,” it is not ground for reversal, under our statutes, that the record does not affirmatively show that the defendant was arraigned, or that he pleaded. Fuller, J., expressing no opinion.</p> <p>2. Whether the order in which the peremptory challenges were made under the direction of the court was exactly that contemplated by the statute is not of controlling importance, or available to defendant as enor, where the record expressly shows that he accepted .the jury with a large number of his peremptory challenges unused.</p> <p>3. While it is not ordinarily error for the trial court to allow the examination of other witnesses than those whose names are indorsed on the in-indictment, yet the state ought not to be permitted to purposely withhold from the defendant the names of such witnesses whom it expects to examine; and the trial court would be justified in protecting a defendant, under such circumstances, from unfair disadvantage therefrom.</p> <p>4 Whether a boy 11 years of age has such ability to discriminate between right and wrong, and such understanding of his duty and obligation as a witness to tell only what is true, as to make him a competent witness, is left in the first instance to the discretionary judgment of the trial court, after informing itself by proper examination. -</p> <p>5. Where an indictment for murder contains but one count, and that charges the crime to have been committed with a premeditated design to effect the death of the person killed, as in subdivision 1 of section 6442, Comp. Laws, it is reversible error to instruct the jury that the premeditated design need not be proved, but that the jury may convict if they find that the act of the d