State v. Thompson

Citations

• 4 S.D. 95
• 55 N.W. 725
• 1893 S.D. LEXIS 48

Syllabus

<p>1. By the provisions of Section 38, Article 5, of the state constitution it is necessary that all prosecutions “shall be carried on in the name and by the authority of the State of South Dakota. ” hut it is not essential that an indictment shall contain a recital in terms that the prosecution is by the authority of the state. It is sufficient if the record shows that the prosecution is so conducted.</p> <p>2. An indictment entitled in the name of the “State of South Dakota” as plaintiff against the person charged with a crime as defendant, reciting that it is found and presented to the court by a grand jury of the state in and for the proper county, duly and legally impaneled, charged, and sworn, and which concludes that the crime charged was committed against the peace and dignity of the State of South Dakota, and is signed by the state’s attorney of the proper county, sufficiently shows that the prosecution is carried on in the name and by the authority of the state.</p> <p>(Syllabus by the Court.</p>