Legal Opinion

State v. Stepp

North Dakota Supreme Court

Decided December 5, 1921PublishedCited by 28 opinions

Appeal from the District Court of Ramsey County, Butts, J. Defendant appeals from a judgment and from an order denying .a new trial. An unofficial member of the bar may not assist in the prosecution for a fee paid by private persons. Beimel v. State, 7i-Wis. 444, 37 N. W. 244; Bird v. State, 77 Wis. 276, 45 N. W. 1126. It is the policy of the criminal law that the prosecuting attorney have active superintendence of the management of criminal trials.

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Appeal from the District Court of Ramsey County, Butts, J. Defendant appeals from a judgment and from an order denying .a new trial. An unofficial member of the bar may not assist in the prosecution for a fee paid by private persons. Beimel v. State, 7i-Wis. 444, 37 N. W. 244; Bird v. State, 77 Wis. 276, 45 N. W. 1126. It is the policy of the criminal law that the prosecuting attorney have active superintendence of the management of criminal trials. He should see that it does not degenerate into a private persecution or prosecution. People v. Blackwell, 27 Cal. 66; Hayner v. People, 72 N. E.…

1Opinion of the CourtChristianson, J.

The defendant was convicted of the crime of rape in the first degree in the district court of Ramsey county, on a change of venue from the district court of Cavalier county, and sentenced to 2% years’ imprisonment in the state’s penitentiary. After sentence had been *568imposed, defendant moved for a new trial, which was denied, and he has appealed from the judgment and from the order denying a new trial.

The first assignment of error is to the effect that the court erred in appointing and permitting Fred J. Traynor to act as special assistant state’s attorney in the prosecution of the case over…

2Cases cited4 opinions

  1. Aylmer v. AdamsNorth Dakota Supreme Court · 1915
  2. State v. CrayNorth Dakota Supreme Court · 1915
  3. Thornhill v. OlsonNorth Dakota Supreme Court · 1915
  4. State v. SteppNorth Dakota Supreme Court · 1920

3Cited by28 opinions

  1. State v. KringstadNorth Dakota Supreme Court · 1984
  2. State v. PuschNorth Dakota Supreme Court · 1950
  3. Cook v. StenslieNorth Dakota Supreme Court · 1977
  4. Kohlman v. HylandNorth Dakota Supreme Court · 1928
  5. State v. McLainNorth Dakota Supreme Court · 1981

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