Legal Opinion

State v. Crum

North Dakota Supreme Court

Decided April 15, 1898PublishedCited by 10 opinions

Appeal from District Court, Cass County; Pollock, J. Taylor Crum was convicted of criminal contempt, and appeals. This proceeding was a criminal prosecution within the meaning of section 97, article 4 constitution, and should be carried on in the name and by the authorty of the State of North Dakota. State v. Hazledahl, 2 N. D. 521; Cox v. State, 8 Tex. App. 254, 34 Am. Rep. 746; Lemons v. Peo., 6 Am.

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Appeal from District Court, Cass County; Pollock, J. Taylor Crum was convicted of criminal contempt, and appeals. This proceeding was a criminal prosecution within the meaning of section 97, article 4 constitution, and should be carried on in the name and by the authorty of the State of North Dakota. State v. Hazledahl, 2 N. D. 521; Cox v. State, 8 Tex. App. 254, 34 Am. Rep. 746; Lemons v. Peo., 6 Am. Rep. 293; Nicholas v. State, 35 Wis. 308; Williams v. State, 27 Wis. 402; Lopez v. Peo., 19 Mo. 244. The court proceeded against appellant without making the order required by section 5935,…

1Opinion of the CourtWallin, J.

The record in this case shows that on the 5th day of November, A. D. 1897, in a summary proceeding the defendant was adjudged guilty of a criminal contempt committed in open court, and was sentenced to pay a fine, and be imprisoned in the county jail. From the order of the District Court imposing this sentence, the defendant has appealed to this court.

On November 6,1897, and while the defendant was in jail pursuant to such conviction and sentence, his attorney appeared before said District Court, and upon certain affidavits made in that behalf moved in that court for an order remitting said…

2Cases cited6 opinions

  1. Ex Parte TerrySupreme Court of the United States · 1888
  2. Middlebrook v. StateSupreme Court of Connecticut · 1876
  3. Langdon v. Judges of the Wayne Circuit CourtMichigan Supreme Court · 1889
  4. Myrick v. McCabeNorth Dakota Supreme Court · 1896
  5. State v. RootNorth Dakota Supreme Court · 1896

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

3Cited by10 opinions

  1. Township of Noble v. AasenNorth Dakota Supreme Court · 1901
  2. City of Gretna v. RossnerSupreme Court of Louisiana · 1923
  3. Laughlin v. EicherCourt of Appeals for the D.C. Circuit · 1944
  4. State ex rel. Harvey v. NewtonNorth Dakota Supreme Court · 1907
  5. In Re GrossmanCalifornia Court of Appeal · 1930

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

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