State v. Fleming

Morgan, Ch. J.

The defendant was convicted of the crime of assault and battery in the county court of Bottineau county. He appeals to this court, and assigns as error: (1) The overruling of motions for a dismissal of the prosecution; (2) misconduct of the prosecuting attorney during the course of the trial; (3) failure of the trial court to instruct the jury that they were the sole judges of all questions of fact; (4) the rendition of a judgment wherein the defendant was adjudged to be imprisoned in default of the payment of the costs of the prosecution.

To a proper understanding of the motions…