State v. Vincent

Citations

• 16 S.D. 62
• 91 N.W. 347
• 1902 S.D. LEXIS 79

Syllabus

<p>1. The affidavit of a defendant, convicted of larceny, while a codefendant was acquitted, filed in support of a motion for a new trial, stated that the evidence was substantially the same.against both defendants, and that the verdict was the result of a compromise to acquit the other defendant and recommend a light sentence for affiant, which recommendation was returned with the verdict. Defendant’s attorney filed an affidavit as to having overheard a conversation between several of the jurors as to whether they should agree to a proposition to convict de- ' fendant in consideration that all the jurors should sign a request for a light sentence and ■ pardon, and the acquittal of the other defendant. Three jurors filed counter affidavits, stating that the verdict was not the result of a compromise. Comp. Laws, § 7450, authorizes a new trial when a verdict had been obtained by lot, or means other than a fair expression of opinion by the jury. Held not error to deny a new trial? the counter affidavits being, in effect, a denial of the charge of misconduct.</p> <p>2. The foreman of a ranch, having full charge and control of the interests of the owner, has a sufficient interest in stock on the ranch to support an indictment for larceny of the stock which alleges that he is the owner thereof.</p> <p>3. Under Comp. Laws, § 7246, providing that where an offense involving the commission of, or an attempt to commit, a private injury, is described with sufficient certainty in other respects to identify the act, an erroneous allegation of the person injured is immaterial, an indictment for larceny is not insufficient, in failing to properly state the owner of the stolen property, if it is sufficient to apprise defendant of the offense of which he is charged.</p> <p>4. Where the jury is instructed in a criminal case that they cannot convict unless they are satisfied of defendant’s guilt beyond a reasonable doubt, from all the evidence, and the question whether certain confess