State v. Mueller
North Dakota Supreme Court
Prosecution for the crime of murder. Appeal from the District Court of Stutsman County, Honorable J. A. Coffey, Judge. Judgment for plaintiff. Defendant appeals. Where an expert hears the testimony of the witnéss, and the testimony is undisputed, as it was in this case, it is proper for him to base his opinion on that testimony.
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Prosecution for the crime of murder. Appeal from the District Court of Stutsman County, Honorable J. A. Coffey, Judge. Judgment for plaintiff. Defendant appeals. Where an expert hears the testimony of the witnéss, and the testimony is undisputed, as it was in this case, it is proper for him to base his opinion on that testimony. Walters v. Rock, 18 N. D. 45, 115 N. W 511. A witness should not be cross-examined upon matters upon which he was not interrogated upon his direct examination. State v. Cross, 26 N. W. 62. “One who did not understand the words spoken by a witness, but who heard the…
1Opinion of the Court
Bruce, Ch. J.
The defendant in this ease was convicted of the crime of murder in the second degree. Practically the only defense is that of insanity. The abstract contains nearly six hundred printed pages. Appellant’s brief contains seventy-three assignments of error, and the rules of this court are entirely ignored which require “the assignments upon which he relies to be set forth,” and that “the brief shall contain such portions of the record as will enable the court to clearly understand the nature of the case, and, where rulings on the testimony constitute the errors complained of,…
2Cases cited2 opinions
- State v. BrunetteNorth Dakota Supreme Court · 1914
- State v. NoahNorth Dakota Supreme Court · 1910
3Cited by2 opinions
- State v. CarterNorth Dakota Supreme Court · 1923
- State v. ButlerSouth Dakota Supreme Court · 1946