State v. Young
North Dakota Supreme Court
Appeal from District Court, Dickey County; Lauder, J. Harry Smith Young was convicted of arson, and appeals. The prosecution can never in a criminal case properly claim a conviction upon evidence which expressly or by implication shows but a part of the res gestae or whole transaction, if it appear that the evidence of the rest of the transaction is attainable.
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Appeal from District Court, Dickey County; Lauder, J. Harry Smith Young was convicted of arson, and appeals. The prosecution can never in a criminal case properly claim a conviction upon evidence which expressly or by implication shows but a part of the res gestae or whole transaction, if it appear that the evidence of the rest of the transaction is attainable. Hurd v. Peo., 25 Mich. 40s; Weller v. Peo., 30 Mich. 612; Peo. v. Wolcott, 51 Mich. 23. If the facts are consistent with innocence they are not proof of guilt. Ormsby v. Peo., 53 N. Y. 137; Frasier v. Peo., 54 Barb. 309; Peo. v.…
1Opinion of the CourtBartholomew, C. J.
The defendant was informed against, tried, convicted, and sentenced for the crime of arson. A motion for a new trial was denied, and an appeal taken from the judgment. The first attack is made upon the information. The crime'is designated in the information as arson. The charging part of the information sets forth facts constituting arson in the third degree as defined by our statute, and the court instructed the jury that the accused stood charged with arson in the third degree. The attack, which was made both by motion and demurrer in the court below, proceeds upon the theory that the…
2Cases cited8 opinions
- State v. GleimMontana Supreme Court · 1895
- Clare v. PeopleSupreme Court of Colorado · 1886
- Marion v. StateNebraska Supreme Court · 1884
- Bressler v. PeopleIllinois Supreme Court · 1886
- State v. CohenSupreme Court of Iowa · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. JohnsonNorth Dakota Supreme Court · 1905