Barry v. Traux
North Dakota Supreme Court
Certiorari by William Barry against John E. Traux, clerk of the District Court for the county of Cavalier, to review an order granting a change of venue in a prosecution of plaintiff for murder. The right of trial by jury as guaranteed by the constitution is that recognized by the usage of the common law.
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Certiorari by William Barry against John E. Traux, clerk of the District Court for the county of Cavalier, to review an order granting a change of venue in a prosecution of plaintiff for murder. The right of trial by jury as guaranteed by the constitution is that recognized by the usage of the common law. Debates Constitutional Convention N. D., pp. 361, 362. State v. Bates, 43 L. R. A. 33 and notes; Harris v. People, 128 111. 585, 21 N. E. 563 ; Lommen v. Minneapolis & C. Co., 65 Minn. 196; Sovereign v. State, 4 Ohio St. 489; Clark v. Utica, 18 Barb. 451, 29 Am. Dec. 671; Watt v. People, 1…
1Opinion of the CourtYoung, C. J.
The plaintiff, a resident of Cavalier county, in the Seventh judicial district, is charged with the murder of one Andrew Mallem, which is alleged to have been committed in that county on January 3, 1901. He was brought to trial in July, 1901, upon an information filed by the state’s attorney of that county. The jury returned a verdict of guilty, and affixed life imprisonment as a penalty. Upon appeal to this court the verdict was set aside and a new trial ordered. State v. Barry, 11 N. D. 428, 92 N. W. 809. At the second trial, which took place in November, 1903, the jury failed to agree upon…
2Cases cited32 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Swart v. KimballMichigan Supreme Court · 1880
- People v. PowellCalifornia Supreme Court · 1891
- Manly v. StateCourt of Appeals of Maryland · 1854
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- Northwestern Bell Telephone Company v. WentzNorth Dakota Supreme Court · 1960
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