Legal Opinion

State v. Johnson

North Dakota Supreme Court

Decided May 24, 1905PublishedCited by 2 opinions

Appeal from District Court, Billings county; Winchester, J. T. E. Johnson was convicted of willfully killing a horse, and appeals. The evidence was wholly circumstantial, and such that each-circumstance depends for its probative value and effect upon the existence of other -circumstances in the evidence. The charge -of .the court was erroneous.

Read the full summary

Appeal from District Court, Billings county; Winchester, J. T. E. Johnson was convicted of willfully killing a horse, and appeals. The evidence was wholly circumstantial, and such that each-circumstance depends for its probative value and effect upon the existence of other -circumstances in the evidence. The charge -of .the court was erroneous. State v. Y-oung, 9 N. D. 165, 82 N. W. 420. The instruction reverses the rule, that the jury must be satisfied beyond a reasonable doubt -of defendant’s guilt before they can convict him. State v. Y-oung, su-pra; State v. Evans, 81 N. W. 893. The…

1Opinion of the CourtMorgan, C. J.

The defendant was convicted of willfully and unlawfully killing a horse, contrary to the provisions of section 7506, Rev. Codes 1899, and sentenced to one year’s imprisonment in the penitentiary. Pie assigns as error, among others, the giving of certain instructions, one of which was in the following language: “If you find from the evidence that any witness has sworn falsely as to any material fact or issue in this -case, you should- receive ■the testimony of such witness with caution. You have a right to reject the statement of su-cfi witnesses, excepting in so far as they may be…

2Cases cited3 opinions

  1. State v. CampbellNorth Dakota Supreme Court · 1897
  2. McPherrin v. JonesNorth Dakota Supreme Court · 1895
  3. State v. YoungNorth Dakota Supreme Court · 1900

3Cited by2 opinions

  1. Remington v. GeiszlerNorth Dakota Supreme Court · 1915
  2. State v. WinneyNorth Dakota Supreme Court · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API