State v. Gunderson
North Dakota Supreme Court
Appeal from tbe District Court of Steele County, Pollock, J. Defendant was convicted of tbe crime of rape, and appeals. Tbe order of tbe court excluding persons from tbe court room during tbe trial was too restrictive, and it deprived the defendant of a public trial. People v. Murray, 89 Mich. 276, 14 L.R.A. 809, 28 Am. St. Rep. 294, 50 N. W. 995, 9 Am. Grim. Rep. 719. A public tidal is one held in tbe presence of tbe public, or in a place accessible and open to tbe public.
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Appeal from tbe District Court of Steele County, Pollock, J. Defendant was convicted of tbe crime of rape, and appeals. Tbe order of tbe court excluding persons from tbe court room during tbe trial was too restrictive, and it deprived the defendant of a public trial. People v. Murray, 89 Mich. 276, 14 L.R.A. 809, 28 Am. St. Rep. 294, 50 N. W. 995, 9 Am. Grim. Rep. 719. A public tidal is one held in tbe presence of tbe public, or in a place accessible and open to tbe public. Black’s Law Diet. p. 964. This is a constitutional right of tbe defendant. Cooley, Const. Lim. 6th ed. 379; People v.…
1Opinion of the CourtBbuce, J.
This is a ease where a young man whom tbe evidence shows to have been of a previously unblemished character and reputation has been convicted of tbe crime of rape on tbe practically uncorroborated testimony of a fifteen-year-old girl whose character is shown by her own testimony to have been of the lowest. She freely admits that ever since she had been ten years of age she had attended dances, and that she stayed out at one, testified to in the evidence, till 4 o’clock in the morning; that she drank beer, whisky, and whisky and alcohol punches, and that she had been drunk. She admits that…
2Cases cited31 opinions
- People v. EvansMichigan Supreme Court · 1888
- Holder v. StateSupreme Court of Arkansas · 1894
- King v. StateTennessee Supreme Court · 1892
- People v. TarboxCalifornia Supreme Court · 1896
- State v. NyhusNorth Dakota Supreme Court · 1909
26 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Max Greenberg v. United StatesCourt of Appeals for the First Circuit · 1960
- Collier v. State of NevadaNevada Supreme Court · 1985
- State v. ThayerOhio Supreme Court · 1931
- People v. EdgarCalifornia Court of Appeal · 1917
- State v. SmithSupreme Court of Louisiana · 1989
4 more not listed; retrieve them via the Exa API.