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State v. Korth

State v. Korth, 164 N.W. 93 (S.D. 1917)
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Court
South Dakota Supreme Court · State Highest Courts
Decided
August 30, 1917
Docket
No. File No. 3985
Judges
Adhere, Former, Granted, McCoy, Should, Smith
Citations
164 N.W. 9339 S.D. 3651917 S.D. LEXIS 152
Disposition
Judgment reversed, and causes remanded for new trial.
Headnotes
Arson — Circumstantial Evidence Connecting Appellant, Sufficiency. In a prosecution for wilfully "burning a barn with intent to defraud the insurer, held, that the evidence, which was. mostly circumstantial, and such.in nature that conclusion of guilt does not logically or naturally' follow therefrom, and was uncertain upon vital issue of connecting defendant with commission of the offense changed, is insufficient to produce abiding conviction of guilt. Smith, J., concurring specially.
Summary
Appeal from Circuit Court, Coding-ton County. Hon. Cari, G. Sherwood Judge.. On rehearing.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McCoy

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McCOY, J„

Decision affirming the judgment of the lower court appears in 162 N. W. 144 . Upon rehearing.we are of the opinion that a new trial should be granted. One of the questions raised by the assignments of error was that the evidence was insufficient to connect the appellant with the commission of the offense charged. The evidence was mostly circumstantial, and was of such a nature that the conclusion of guilt does not logically or naturally follow therefrom. While we are of the view that there was no positive or clear error shown to- have been committed on the trial, still we are of the opinion that the circumstantial evidence adduced on the trial upon the vital issue of connecting the defendant with the commission of the offense charged was uncertain, weak, and unsatisfactory to such an extent that it should not be held sufficient to produce an abiding conviction of guilt, beyond all reasonable doubt, of such a serious offense.

The judgment appealed from is reversed, and the cause remanded for new trial.

SMITH, J. I adhere to my dissent in the former decision in this case, but concur in the view that a new trial should be granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1921: 11923: 11924: 11933: 11935: 11936: 11941: 11948: 11969: 21978: 119212026peak 1969 · 2

Relies on it most ⓘ

  1. State v. Giuliano270 N.W.2d 33 (S.D. 1978)
  2. State v. Nelson165 N.W.2d 55 (S.D. 1969)
  3. State v. Flake165 N.W.2d 55 (S.D. 1969)
  4. State v. Cristani192 Iowa 615 (1921)
  5. State of South Dakota v. Fox31 N.W.2d 451 (S.D. 1948)
  6. State v. Czerney247 N.W. 376 (S.D. 1933)

Most recent

  1. State v. Giuliano270 N.W.2d 33 (S.D. 1978)
  2. State v. Flake165 N.W.2d 55 (S.D. 1969)
  3. State v. Nelson165 N.W.2d 55 (S.D. 1969)
  4. State of South Dakota v. Fox31 N.W.2d 451 (S.D. 1948)
  5. State v. Till299 N.W. 454 (S.D. 1941)
  6. State v. Tarbell266 N.W. 677 (S.D. 1936)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Korth, 162 N.W. 144 (S.D. 1917) 6

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