Legal Opinion

State v. Stepp

North Dakota Supreme Court

Decided June 16, 1920PublishedCited by 6 opinions

Criminal action for statutory rape in District Court, Cavalier County, Kneeshawj J. Defendant has appealed from a judgment of conviction and an order denying a new trial. Dnder a law similar to chapter 17, Laws of 1901, the state of Wisconsin held that an unofficial member of the bar may not assist in the prosecution for a fee paid by private persons.

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Criminal action for statutory rape in District Court, Cavalier County, Kneeshawj J. Defendant has appealed from a judgment of conviction and an order denying a new trial. Dnder a law similar to chapter 17, Laws of 1901, the state of Wisconsin held that an unofficial member of the bar may not assist in the prosecution for a fee paid by private persons. Beimel v. State, 71 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 the…

1Opinion of the CourtBronson, J.

Statement. — This is a criminal action for statutory rape. The defendant was found guilty by the jury on June 21, 1919. Three days later, the court sentenced the defendant for two- years in the state penitentiary. On June 25, 1919, the defendant appealed therefrom. Later, the defendant made a motion for a new trial, which, on January 9, 1920, was denied. In a memorandum opinion, the trial court strongly intimated that prejudicial error occurred in the course of the trial, but, since the state had contended that the trial court had no jurisdiction to hear the motion for a new trial, although…

2Cases cited9 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. State v. HazletNorth Dakota Supreme Court · 1907
  3. State v. NyhusNorth Dakota Supreme Court · 1909
  4. State v. La MontSouth Dakota Supreme Court · 1909
  5. McCann v. GilmoreNorth Dakota Supreme Court · 1919

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. SteppNorth Dakota Supreme Court · 1921
  2. State v. FlathNorth Dakota Supreme Court · 1931
  3. Olsen v. KoppyNorth Dakota Supreme Court · 1999
  4. Schneider v. EwingNorth Dakota Supreme Court · 1981
  5. Schneider v. EwingNorth Dakota Supreme Court · 1981

1 more not listed; retrieve them via the Exa API.

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