refused instruction (South Dakota) · Go Syfert
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refused instruction in South Dakota

7 South Dakota opinions name it 1 courts 1929–1998 0 in the last five years

The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State v. Woodsgreen
sd · 1985 · cited in 1 South Dakota opinions naming this issue, 1998–1998
1 sentence

1998Relying upon SDCL 22-16-34 and dictum from State v. Woods, 374 N.W.2d 92, 97 (S.D.1985), Pellegrino proposed and the court refused an instruction stating, “Any force used to repel a felonious intruder in your home is considered to be lawful force.” This proposal might be correct if we construe the statute rigidly.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Rash green
sd · 1980
1 sentence

1994The trial court refused this instruction based upon the rationale of State v. Rash, 294 N.W.2d 416 (S.D.1980).

11994–1994
Zepp v. Hofmann green
sd · 1989
2 sentences

1993"The trial court refused to rule on the objection stating that it was waived by failing to object at the deposition." Id. at 32 .

1993The trial court refused to rule on the objection stating that it was waived by failing to object at the deposition.” Id. at 32 .

11993–1993
State v. Huth green
sd · 1983
2 sentences

1987In State v. Huth, 334 N.W.2d 485 (S.D.1983) the defendant requested a similar instruction.

1987In State v. Huth, 334 N.W.2d 485 (S.D. 1983) the defendant requested a similar instruction.

11987–1987
State v. Douglas green
sd · 1944
2 sentences

1986In Douglas , the refused instruction stated in part, “... you should examine [the accomplice’s] testimony with great care and caution, before you accept it as true.” 70 S.D. at 223 , 16 N.W.2d at 499 .

1986In Douglas , the refused instruction stated in part, “... you should examine [the accomplice’s] testimony with great care and caution, before you accept it as true.” 70 S.D. at 223 , 16 N.W.2d at 499 .

11986–1986
Bassil v. Fay green
wis · 1954
2 sentences

1974Cf. Bassil v. Fay, 267 Wis. 265 , 64 N.W.2d 826 .

1974Cf. Bassil v. Fay, 267 Wis. 265 , 64 N.W.2d 826 .

11974–1974
State v. Wilcox green
sd · 1925
1 sentence

1929The court refused an instruction taken from the case of State v. Wilcox, 48 S. D. 289, 204 N. W. 369 , which this court held was error to refuse in that case.

11929–1929

Where else courts name it

TX 237 (1880–2026) CA 120 (1894–2026) IL 118 (1881–2025) MO 81 (1867–2019) VA 80 (1924–2025) IN 57 (1862–2025) MS 57 (1919–2025) NM 23 (1916–2020) WA 21 (1901–2026) FL 19 (1893–2013) CO 16 (1903–2009) PA 14 (1912–2024) AZ 14 (1912–2004) AL 13 (1915–2025) HI 13 (1970–2025) NY 12 (1911–2018) WY 12 (1937–1993) OK 11 (1894–2009) IA 9 (1875–1984) AR 9 (1910–2002) UT 9 (1936–2001) OR 8 (1960–1990) MI 8 (1980–2024) MT 8 (1901–2025) WI 7 (1942–2012) KY 7 (1918–2020) SD 7 (1929–1998) GA 6 (1897–2024) OH 6 (1984–2009) NE 6 (1929–1997) KS 6 (1881–1987) MA 5 (1888–2000) WV 4 (1948–2021) NJ 4 (1842–2001) DC 4 (1958–2000) ID 4 (1932–2022) NV 3 (1973–1986) NH 2 (1965–1997) CT 2 (1979–1987) TN 2 (1997–1998) MN 2 (1930–1982) LA 2 (1848–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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