183 N.W. 652 | S.D. | 1921
Section 4271, R. C. 1919., is as follows:
“Sec. 4271. Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss, or who prepares, makes or subscribes any account, certificate, survey, affidavit, proof of loss, or other book, paper or writing with intent to present or use the same, or to allow it to be presented or used in support of any such claim', is punishable by imprisonment in the state penitentiary not exceeding three years, or by a fine not exceeding one thousand dollars, or both.”
The state then offered three opinions in evidence as a part of defendant’s cross-examination. Two of these opinions were in the proceedings wherein defendant was disbarred, the other in a proceeding wherein he sought reinstatement after the second disbarment. These opinions were objected to as immaterial and improper cross-examination, and one on the additional ground that it was incompetent. These objections were overruled.
Other questions are presented upon this appeal, but they are of such a nature that we deem their determination unnecessary at this time in view of the result that must be announced herein.
The judgment appealed from is reversed, and the cause remanded for a new trial.