State v. Hazlett
North Dakota Supreme Court
Appeal from District Court, Rolette county; Cowan, J. Lewis O'. Hazlett was convicted of rape, and appeals. Upon examination in chief leading question are not allowed. 1 Green on Ev. (Wig. Ed.) 434; Hardtke v. State, 30 N. W. 723; Cannon v. People, 30 N. E. 1027; Proper v. State, 55 N. W. 1038; State v. Watson, 46 N. W. 868; State v. Porath, 63 N. W. 1061. The same rule applied to leading questions asked by the court.
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Appeal from District Court, Rolette county; Cowan, J. Lewis O'. Hazlett was convicted of rape, and appeals. Upon examination in chief leading question are not allowed. 1 Green on Ev. (Wig. Ed.) 434; Hardtke v. State, 30 N. W. 723; Cannon v. People, 30 N. E. 1027; Proper v. State, 55 N. W. 1038; State v. Watson, 46 N. W. 868; State v. Porath, 63 N. W. 1061. The same rule applied to leading questions asked by the court. Hopperwpod v. State, 9 Tex. 15; State v. Crofts, 60 Pac. 403; People ex rel. Lauchantin et al. v. Lacoste, 37 N. Y. 192; So. Covington & St. R. Co. v. Stroh, 57 L. R. A. 875;…
1Opinion of the CourtEngerud, J.
The defendant was tried and convicted of the crime of rape in the section degree, and sentenced to imprisonment at hard labor for a period of eleven years. He appealed from the judgment.
The facts, as claimed by the state, are that the prosecutrix, who is the defendant’s niece, was at the time of the rape only 15 years of age, and resided in the same house with defendant, and usually slept in a bed in the same room where defendant had his bed; that the defendant, on three occasions during the year before the rape was committed, got into bed with the prosecutrix and attempted to have…
2Cases cited8 opinions
- People v. MatherNew York Supreme Court · 1830
- Sharp v. StateSupreme Court of Arkansas · 1888
- Wheeler v. WallaceMichigan Supreme Court · 1884
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- Hardtke v. StateWisconsin Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- State v. FergusonSouth Dakota Supreme Court · 1925
- State v. JenkinsNorth Dakota Supreme Court · 1982
- Fuller v. StateArizona Supreme Court · 1922
- Powers v. MartinsonNorth Dakota Supreme Court · 1981
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