State v. Henderson

On Rehearing.

PAULSON, Judge.

The appellant has petitioned for a rehearing in this case, asserting that this court overlooked certain points in determining that the attorney-client privilege had not been breached by the testimony of the witness Meschke. Appellant bases his assertions primarily on portions of two North Dakota statutes. Section 27-13-01 of the North Dakota Century Code states in pertinent part:

“Every attorney and counselor at law shall:

⅜ ⅜ ⅜ * * *

“4. Maintain inviolate the confidence, and at any peril to himself, preserve the secret, of his client * *

and Section 31-01-06,…