State v. Werner
North Dakota Supreme Court
Appeal from District Court, Stutsman County. Pollock, J. Albert F. Werner was convicted of rape in the first degree, and appeals.
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Appeal from District Court, Stutsman County. Pollock, J. Albert F. Werner was convicted of rape in the first degree, and appeals. If the juror discloses, that he cannot try the case impartially, uninfluenced by his preyious opinion, he should be rejected. 1 Thompson on Trials, section 83; People v. Wilwarth, 156 N. Y. 566; State v. Riley, 78 Pac. 1001; People v. Suesser, 64 Pac. 1095. A child witness with no realization of the obligations of an oath, and of low degree of intelligence, mental development and training even for a child of tender age, is incompetent. Morey v. Hoyt, 19 L. R. A.…
1Opinion of the CourtFisk, J.
Defendant was convicted in the district court of Stutsman county on November 1, 1905, of the crime of rape in the first degree, and from a judgment sentencing him to confinement in the penitentiary for the term of 10 years he has appealed to this court, alleging numerous errors in the rulings of the trial court, and also alleging insufficiency of the evidence to sustain the verdict.
*87Appellant is about 26 years of age, and the female upon whom it is alleged that he perpetrated this crime is a mere child of about the ■age of eight years. Defendant for some time prior to the date of the…
2Cases cited22 opinions
- Wheeler v. United StatesSupreme Court of the United States · 1895
- People v. BaldwinCalifornia Supreme Court · 1897
- People v. CraigCalifornia Supreme Court · 1896
- People v. GageMichigan Supreme Court · 1886
- State v. De WolfSupreme Court of Connecticut · 1830
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. OlsonNorth Dakota Supreme Court · 1980
- State v. SchillNorth Dakota Supreme Court · 1987
- State v. ApleyNorth Dakota Supreme Court · 1913
- State v. MorstadNorth Dakota Supreme Court · 1992
- State v. LeshNorth Dakota Supreme Court · 1914
11 more not listed; retrieve them via the Exa API.