State v. Montgomery
North Dakota Supreme Court
Appeal from District Court, Eddy County; Glaspell, J. Janies Montgomery and Maggie Montgomery were accused by information of assault and battery, while armed with a dangerous weapon, with intent to do bodily harm. They were found “guilty of an assault with provocation.” They appeal from the judgment of conviction. The complaining witness was erroneously permitted, over defendants’ objections, to testify to conclusions and to assume facts not in the record.
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Appeal from District Court, Eddy County; Glaspell, J. Janies Montgomery and Maggie Montgomery were accused by information of assault and battery, while armed with a dangerous weapon, with intent to do bodily harm. They were found “guilty of an assault with provocation.” They appeal from the judgment of conviction. The complaining witness was erroneously permitted, over defendants’ objections, to testify to conclusions and to assume facts not in the record. Curl v. Chicago, Etc., Ry. Co., 63 la. 417; Peo. v. Lange, 90 Mich. 4.54, 51 N. W. Rep. 534; Peo. v. Westlake, 62 Cal. 305. The definition…
1Opinion of the CourtWallin, J.
The appellants were accused by an information filed against them of the crime of assault and battery while armed with a dangerous weapon, and with intent to do bodily harm. A trial was had, and the jury found defendants “guilty of an assault with provocation,” whereupon the district court entered its judgment sentencing the defendants individually to pay a fine of $50. Defendants have appealed from such judgment, and the record sent here embraces a statement of the case containing the evidence and certain exceptions.
A motion in arrest of judgment was made and denied in the District Court, and…
2Cases cited10 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- Hamilton v. PeopleMichigan Supreme Court · 1874
- People v. StubenvollMichigan Supreme Court · 1886
- State v. SauerSupreme Court of Minnesota · 1888
- State v. SloanSupreme Court of Iowa · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. GlassNorth Dakota Supreme Court · 1915
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
- City of Minot v. RubbelkeNorth Dakota Supreme Court · 1990
- State v. AnkneyNorth Dakota Supreme Court · 1972
- State v. ClimieNorth Dakota Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.