· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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