¶1(concurring specially.) I concur in the reversal of the judgment in this case on the ground.that the learned trial court erred in hearing the evidence as to the issue of former acquittal without the intervention of the jury, and in refusing to submit that issue to them. State v. Kieffer 17 S. D. 67, 95 N. W. 289. Upon the other questions discussed by Mr. Justice Fuller I express no opinion.
17 S.D. 380
State v. Irwin
Decided November 11, 1903
South Dakota Supreme Court · decided 1903-11-11
<p>Error to circuit court, Brookings county. Hon. Julian Bennett, Judge.</p> <p>G. Lee Irwin was convicted of violation of the liquor law, and brings error.</p>
Cited by 1 later decisions — most recently April 1917
1 state decisions
Relies on State v. Kieffer
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1903-11-11
View the full empirical analysis of this case →