State v. Reddington

Citations

• 8 S.D. 315
• 66 N.W. 464
• 1896 S.D. LEXIS 31

Syllabus

<p>1. When the defendant in a criminal action is convicted of the crime charged, and subsequently, on writ of error sued out by himself, procures in this court a reversal of the judgment of conviction, for errors in the charge of the trial court to the jury, he is not entitled to be discharged on the ground that he has once been put in jeopardy.</p> <p>2. On a reversal of the judgment in such case, it is proper for this court to order a new trial in the court below.</p> <p>(Syllabus by the Court.</p>