State v. Hazlet
North Dakota Supreme Court
Appeal from District Court, Sargent county; Allen, J. John B. Ha'zlet was convicted of murder in the first degree, and he appeals.
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Appeal from District Court, Sargent county; Allen, J. John B. Ha'zlet was convicted of murder in the first degree, and he appeals. The New York and California cases relied upon in State v. Yokum, 79 N. W. 835, upon which the trial judge based his instructions, and U. S. v. Crow Dog, 3 Dak. 106, do not apply; and the true rule is, if from the whole case, including the killing, the presumption of fact arising therefrom, and the evidence of justification, the jury entertain a reasonable doubt, as to the defendant’s guilt, they must acquit him. Section 10023, Rev. Codes 1905 ; People v. Neary, 37…
1Opinion of the CourtFisk, J.
Appellant, having been convicted in the district court of Sargent county of the crime of murder in the first degree, and sentenced to imprisonment in the penitentiary for life, brings the •case to this court for review of alleged errors of law claimed to have been committed by the trial court in giving certain instructions to the jury and in refusing to give certain other instructions requested by his counsel; also in making certain rulings relating to the admission and rejection of testimony. Eighty-two assignments of error are set forth in appellant’s brief, but we will notice those only…
2Cases cited34 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- People v. . SharpNew York Court of Appeals · 1887
- State v. KentNorth Dakota Supreme Court · 1896
- People v. PowellCalifornia Supreme Court · 1891
29 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- State v. LeidholmNorth Dakota Supreme Court · 1983
- State v. ThielNorth Dakota Supreme Court · 1987
- State v. TriebNorth Dakota Supreme Court · 1982
- State v. PhillipsSupreme Court of North Carolina · 1965
- Clark v. JosephsonNorth Dakota Supreme Court · 1954
35 more not listed; retrieve them via the Exa API.