State v. Peltier
North Dakota Supreme Court
Appeal from a judgment of the District Court of Bottineau county; ‘Goss, J. Joe Peltier was convicted of murder and he appeals. It was error to take from the jury the question whether prisoner was ¿guilty of manslaughter. Brickwood & S. Instructions to Juries, § 4620; Lynn v. People, 170 111. 527, 48 N. E. 964; Panton v. People, 114 111. 505, 2 N. E. 411, 5 Am. Grim. Rep. 425. Court cannot assume that a murder has been committed.
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Appeal from a judgment of the District Court of Bottineau county; ‘Goss, J. Joe Peltier was convicted of murder and he appeals. It was error to take from the jury the question whether prisoner was ¿guilty of manslaughter. Brickwood & S. Instructions to Juries, § 4620; Lynn v. People, 170 111. 527, 48 N. E. 964; Panton v. People, 114 111. 505, 2 N. E. 411, 5 Am. Grim. Rep. 425. Court cannot assume that a murder has been committed. N. D. ■Code, § 9985; State v. Barry, 11 N. D. 428, 92 N. W. 809; Territory ■v. O’Hare, 1 N. D. 30, 44 N. W. 1003; State v. Dorland, 103 Iowa, 168, 72 N. W. 492; Russ…
1Opinion of the CourtSpalding, J.
On July 22d, 1908, the defendant, Joe Peltier, was,, by a jury, found guilty of the crime of murder in the first degree, and., his punishment fixed by the verdict, as death. The information charged that the offense was committed in Bottineau county on the 21st day of June, 1908, by killing one B. W. Seidel.
A word of explanation of the delay in the presentation of this case is. pertinent. The appellant was represented in the district court by counsel, who was shortly after the trial elected state’s attorney of Bottineau county, and upon such election withdrew from the case. Difficulty was.…
2Cases cited17 opinions
- Winston v. United StatesSupreme Court of the United States · 1899
- People v. LearyCalifornia Supreme Court · 1895
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- People v. BawdenCalifornia Supreme Court · 1891
- Hill v. StateSupreme Court of Georgia · 1883
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3Cited by7 opinions
- Sundahl v. StateNebraska Supreme Court · 1951
- State v. YoungNorth Dakota Supreme Court · 1927
- State v. WoodsNorth Dakota Supreme Court · 1912
- Redahl v. StevensNorth Dakota Supreme Court · 1933
- State v. SchockNorth Dakota Supreme Court · 1929
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