State v. Taylor

Citations

• 7 S.D. 533
• 64 N.W. 548
• 1895 S.D. LEXIS 110

Syllabus

<p>1. An indictment which charges a single offense substantially in the language of subdivision 1 of section 6698 of the Compiled Laws is sufficient.</p> <p>2. Where an indictment states that the offense alleged therein was committed at a specified time, and at a designated place within the jurisdiction of the court, no other time or place being mentioned, a subsequent , averment of the traversable facts constituting the offense charged to have been committed “at the time and place aforesaid” sufficiently lays the venue thereof.</p> <p>3. In determining the legislative intention, specific'statutory provisions relating to a particular subject must govern in respect to such subject, as against general provisions and those which do not by a fair and reasonable interpretation include the offense charged.</p> <p>4. Seetioü 1665 of-the Compiled Laws examined, and held to be effectual for no purpose.</p> <p>5. The state is a “body politic,” and not an association, society, or corporarion, within the meaning of section 6797 of the Compiled Laws.</p> <p>6. A state treasurer who has unlawfully appropriated to his own use money belonging to the state, which came into his custody by operation of law, is an offender occupying no position specified in sections 6796 or 6799 of the Compiled Laws, nor one who sustains any relation to the property therein made the subject of embezzlement.</p> <p>7. Where the judgment of a circuit court is erroneous only in that it imposes a longer term of imprisonment than is authorized by law, this court may, upon writ of error, under section 7521 of the Compiled Laws, modify such judgment by striking therefrom the words employed in designating the duration of imprisonment, and by inserting in lieu thereof the maximum penalty allowed by law.</p> <p>(Syllabus by the Court.</p>