State v. Cruikshank
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Frank J .Cruikshank was convicted of assault, and appeals. The verdict is a nullity because the jury did not find the character of the weapon used.
Read the full summary
Appeal from District Court, Cass county; Pollock, J. Frank J .Cruikshank was convicted of assault, and appeals. The verdict is a nullity because the jury did not find the character of the weapon used. State v. Johnson, 3 N. D. 150, 54 N. W. 547; Ex parte An Qha, 40 Cal. 426. The offense of assault with a dangerous weapon with intent to do bodily harm was ■ not made out: 1st. Because no assault and. battery was charged; 2d, none was proven; 3d, under the proof defendant could not be found guilty of an offense that involved the element of intent at all. Smith v. State, 39 Miss. 521; Lawson v.…
1Opinion of the CourtEngerud, J.
Defendant was tried on a plea of not guilty to an information of which the charging part was as follows: “That at the said time and place the above-named defendant, Frank J. Cruikshank, did feloniously, then and there having a present ability to commit the crime of murder, assault one Fred Martin with a deadly weapon, to wit, a pistol then and there held in the hands of said defendant, and then and there pointed and aimed at said Fred Martin, and with felonious intent to kill said Fred Martin.” The trial court instructed the jury that this information accused the defendant of the crime…
2Cases cited11 opinions
- Graham v. PeopleIllinois Supreme Court · 1899
- Felt v. FeltWisconsin Supreme Court · 1865
- State v. JohnsonNorth Dakota Supreme Court · 1893
- State v. ToughNorth Dakota Supreme Court · 1903
- Stow v. ConverseSupreme Court of Connecticut · 1821
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. BergerNorth Dakota Supreme Court · 1975
- State v. BarnesNorth Dakota Supreme Court · 1915
- State v. MareschNorth Dakota Supreme Court · 1947
- United States v. Thomas Duane DavisCourt of Appeals for the Eighth Circuit · 1970
- State v. BednarNorth Dakota Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.