State v. McGahey
North Dakota Supreme Court
Error to District Court, Grand Forks County; Templeton, J. Arthur McGahey was convicted of shooting at another with intent to kill, and brings error. Failure of the court to rule on objections of defendant, when the objections were properly made — was error. Elliott. Ap. Pro. § 727; Conning v. Woodin, 8 N. W. Rep. 572. The re-examination of complaining witness as to cause of animosity between himself and defendant, was prejudicial error. 1 Thomp. on Trials, § 484; Schascrv.
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Error to District Court, Grand Forks County; Templeton, J. Arthur McGahey was convicted of shooting at another with intent to kill, and brings error. Failure of the court to rule on objections of defendant, when the objections were properly made — was error. Elliott. Ap. Pro. § 727; Conning v. Woodin, 8 N. W. Rep. 572. The re-examination of complaining witness as to cause of animosity between himself and defendant, was prejudicial error. 1 Thomp. on Trials, § 484; Schascrv. State, 36 Wis. 432, n Alb. Law Jr. 224. Questions assuming facts- not in evidence were improperly allowed. Cornwell v.…
1Opinion of the CourtBartholomew, C. J.
Arthur McGahey, the plaintiff in error, was convicted in the District Court for the County of Grand Forks of the crime of shooting at one Thomas Hill with intent to kill. It is not possible to read the record in this case without becoming strongly impressed with the belief that McGahey had also been guilty of adulterous intercourse with Hill’s wife. It is *298safe to say that all the evidence tending to establish or indicate such adultery was objected to by the able attorney for the plaintiff in error, and the rulings of the court upon these objections are here for review. The elementary…
2Cases cited24 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- Hurd v. PeopleMichigan Supreme Court · 1872
- State v. CainWest Virginia Supreme Court · 1882
- Wellar v. PeopleMichigan Supreme Court · 1874
- Arthur v. . GriswoldNew York Court of Appeals · 1874
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3Cited by29 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Castleberry v. StateCourt of Criminal Appeals of Oklahoma · 1914
- State v. KapelinoSouth Dakota Supreme Court · 1906
- State v. GibsonNorth Dakota Supreme Court · 1938
- State v. ElijahSupreme Court of Minnesota · 1940
24 more not listed; retrieve them via the Exa API.