Opinion
No. 5,669.
Submitted April 22, 1925.
Decided May 9, 1925.
Appeal from District Court, Wheatland County; Wm. F. Ford, Judge.
KNUTE HUSTAD and Logan Fowell were by information charged with forgery. From a judgment dismissing the information the State appeals. Affirmed.
Mr. L.A. Foot, Attorney General, Mr. I.W. Choate, Assistant Attorney General, and Mr. L.R. Daems, County Attorney of Wheatland County, for the State. Mr. W.C. Husband, Mr. Norman C. Barncord and Mr. J.P. Alexander, the latter of the Bar of South Dakota, for Respondents.
(NOTE. — No briefs were filed in this cause, counsel stipulating that the briefs filed in cause No. 5,668, State v. Alexander, ante, p. 329, 236 P. 542, covered the questions at issue.)
(For syllabus, see State v. Alexander, ante, p. 329, 236 P. 542.)
The facts of this case are, in all essentials, identical with those involved in State v. Alexander, ante, p. 329, 236 P. 542. Upon the authority of that case, the judgment herein is affirmed.
Affirmed.
MR. CHIEF JUSTICE CALLAWAY and ASSOCIATE JUSTICES GALEN, STARK and MATTHEWS concur.