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· 3/30/1983

State v. Secrest

Citations

  • 331 N.W.2d 580
  • 1983 S.D. LEXIS 289

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that Batchelder “recognized the long-standing rule that when an action violates two criminal statutes, the government may prosecute under either, providing that it does not discriminate against any class of defendants”
  • stating that when a single act violates more than one criminal statute, the prosecutor may exercise discretion in selecting which charge to file, even though the two offenses call for different punishments
  • stating that when a single act violates more than one criminal statute, the prosecutor may exercise discretion in selecting which charge to file, even though the two offenses call for different punishments
  • noting that Batchelder “recognized the long-standing rule that when an action violates two criminal statutes, the government may prosecute under either, providing that it does not discriminate against any class of defendants”

Source: CourtListener parenthetical corpus (CC0).

Judges: Morgan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.