STATE v. NESS

No. 9388.

65 N.W.2d 923 (1954)

STATE of South Dakota, Plaintiff and Respondent, v. Lloyd NESS, Dale Ness and Howard Ness, Defendants and Appellants.

Supreme Court of South Dakota.

September 17, 1954.


Attorney(s) appearing for the Case

Ralph A. Dunham, Atty. Gen., Benj. D. Mintener, Asst. Atty. Gen., Samuel W. Masten, States Atty., Canton, for respondent.

Henry C. Mundt, Acie W. Matthews, Sioux Falls, for appellants.


ROBERTS, Judge.

The defendants were tried in the municipal court of Canton on a complaint charging them with assault and battery upon the person of Godfrey Krutch and found guilty. Reversal of the judgment is sought on the grounds (1) that the judgment is void in that the municipal court of the City of Canton was not legally established; (2) that the evidence adduced was insufficient to warrant submission to the jury; (3) that the court erred in restricting cross...

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