State v. Marty

Christianson, Ch. J.

The defendant was convicted of the crime of rape in the first degree in the district court of Morton county, upon a change of venue from Stark county and sentenced to three and one-half years imprisonment in the State’s Penitentiary. Judgment was pronounced pursuant to the verdict and defendant has appealed from the judgment and from the order denying a new trial.

The errors urged by the appellant for a reversal are as follows:

1. That the district court of Morton county was without jurisdiction to hear and determine the action for the reason that the clerk of the district…