STATE v. SMITH

No. 9637.

84 N.W.2d 247 (1957)

STATE of South Dakota, Plaintiff and Respondent, v. Wayne SMITH, Defendant and Appellant.

Supreme Court of South Dakota.

July 30, 1957.


Attorney(s) appearing for the Case

Robert J. Schumacher, Rapid City, for defendant and appellant.

Phil Saunders, Atty. Gen., and George W. Wuest, Asst. Atty. Gen., for plaintiff and respondent.


RUDOLPH, Judge.

The defendant moved the court to arrest the judgment in this case after a verdict of guilty on the ground that the information fails to describe a public offense. The trial court overruled the motion and entered judgment. The defendant has appealed. We affirm the judgment.

The information is as follows:

"That, Wayne Smith late of said County, yeoman, on the 26th day of March, in the year of our Lord One Thousand Nine Hundred and Fifty...

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