Legal Opinion

Territory of Dakota v. O'Hare

North Dakota Supreme Court

Decided April 1, 1890PublishedCited by 38 opinions

TERROR to district court, Traill county; Hon. William. B. J2j McConnell, Judge. argued: Twelve names must be drawn by the clerk, and defendant allowed to examine the twelve before exercising the right of peremptory challenge; citing People v. Scoggins, 37 Cal. 676; People v. lams, 57 Cal. 115; Lamb v. State, 36 Wis. 424. A writing known to be in the handwriting of a party may be introduced for the purpose of comparison.

Read the full summary

TERROR to district court, Traill county; Hon. William. B. J2j McConnell, Judge. argued: Twelve names must be drawn by the clerk, and defendant allowed to examine the twelve before exercising the right of peremptory challenge; citing People v. Scoggins, 37 Cal. 676; People v. lams, 57 Cal. 115; Lamb v. State, 36 Wis. 424. A writing known to be in the handwriting of a party may be introduced for the purpose of comparison. Georgia, etc., Co. v. Gibson, 52 Georgia, 640; Chance v. By. Co., 32 Ind. 472; Macomber v. Scott, 10 Kan. 336; Page v. Homans, 14 Me. 478; Sweetser v. Lowell, 33 Me. 446;…

1Opinion of the CourtWallin, J.

Thedefendant (plaintiff in error) was convicted of the crime of murdering one Casey, and is now incarcerated at Bismarck under sentence of imprisonmentforlife. On April 24,1889, motions for a new trial and in arrest of judgment were overruled by the district court. A bill of exceptions, embracing the evidence and the proceedings had at the trial, was settled in the court below; and the whole record is now before this court for review.

The errors assigned are numerous, and we will first consider those which relate to the formation of the trial jury. The mode of impaneling the jury was the…

2Cases cited31 opinions

  1. United States v. GaleSupreme Court of the United States · 1883
  2. Wilbur v. FloodMichigan Supreme Court · 1867
  3. Real v. . the PeopleNew York Court of Appeals · 1870
  4. People v. ScogginsCalifornia Supreme Court · 1869
  5. Moore v. United StatesSupreme Court of the United States · 1876

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

3Cited by38 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. State v. RozumNorth Dakota Supreme Court · 1899
  3. State v. NyhusNorth Dakota Supreme Court · 1909
  4. State v. KernsNorth Dakota Supreme Court · 1924
  5. Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API