Legal Opinion

State v. Cray

North Dakota Supreme Court

Decided April 29, 1915PublishedCited by 42 opinions

Appeal from the District Court of Williams County, Fish, J. Ira Gray was convicted of the crime of grand larceny, and appeals. The court erred in permitting rebuttal examination of the witness Borth to cover matters already testified to in the state’s case in chief. Moseley v. Com. 24 Ky.

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Appeal from the District Court of Williams County, Fish, J. Ira Gray was convicted of the crime of grand larceny, and appeals. The court erred in permitting rebuttal examination of the witness Borth to cover matters already testified to in the state’s case in chief. Moseley v. Com. 24 Ky. L. Rep. 1811, 72 N. W. 344; People v. Hillhouse, 80 Mich. 584, 45 N. E. 484; People v. Quick, 58 Mich. 32, 25 N. W. 302; Reddick v. State, 72 Miss. 1008, 16 So. 490'; State v. Hunsaker, 16 Or. 497, 19 Pac. 605; United States v. Gardiner, 2 Hayw. & H. 89, Eed. Gas. No. 15,186a; Jones, Ev. 2d ed. § 137.…

1Opinion of the CourtChristianson, J.

The defendant was convicted in the district court of Williams county, upon a charge of venue from McKenzie county, of the crime of grant larceny, and sentenced to imprisonment in the state’s penitentiary for the term of two years. Thereafter a motion for new trial was made and denied; and this appeal is taken from the judgment and the order denying a new trial.

There are 153 assignments of error, but 148 of these relate to rulings on the admission or rejection of evidence, and are grouped by appellant under five separate classes, viz., (1) Incompetent, argumentative, and improper rebuttal; (2)…

2Cases cited21 opinions

  1. State v. TaylorSupreme Court of Missouri · 1896
  2. Aylmer v. AdamsNorth Dakota Supreme Court · 1915
  3. People v. . JohnsonNew York Court of Appeals · 1888
  4. State v. HowardSupreme Court of Missouri · 1893
  5. Pettibone v. PhelpsSupreme Court of Connecticut · 1840

16 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
  2. Reid v. EhrNorth Dakota Supreme Court · 1917
  3. State v. KernsNorth Dakota Supreme Court · 1924
  4. Pace v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1924
  5. State v. SteppNorth Dakota Supreme Court · 1921

37 more not listed; retrieve them via the Exa API.

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