State v. Reilly
North Dakota Supreme Court
Appeal from the District Court for Cavalier County, Hon. A. Q. Burr, J., sitting by request. Defendant was convicted of the crime of murder in the second degree, and appeals. The information in this case is defective, in that it contains mere recitals, instead of positive and direct allegations of fact, and defendant’s demurrer should have been sustained. State v. Trueblood, 25 Ind.
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Appeal from the District Court for Cavalier County, Hon. A. Q. Burr, J., sitting by request. Defendant was convicted of the crime of murder in the second degree, and appeals. The information in this case is defective, in that it contains mere recitals, instead of positive and direct allegations of fact, and defendant’s demurrer should have been sustained. State v. Trueblood, 25 Ind. App. 437, 57 N. E. 975; Bassett v. State, 41 Ind. 303; State v. McIntyre, 19 Minn. 93, Gil. 65; State v. Belyea, 9 N. D. 353, 83 N. W. 1. The burden of proof was upon the state to show that the abortion or…
1Opinion of the CourtBruce, J.
The defendant was convicted of the crime of murder in the second degree. The crime, as charged, was the unintentional killing of a human being while engaged in the commission of a felony; that is, the procurement of an abortion. The defendant has appealed from the judgment.
The first assignment of error related to the demurrer interposed to the information, which was overruled by the court. The information, *350omitting the formal parts, reads as follows: “That heretofore, to wit, on or about the 9th day of February, a. d. 1911, at the county of Cavalier, state of North Dakota, one James J.…
2Cases cited70 opinions
- People v. MizeCalifornia Supreme Court · 1889
- Howland v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
- Andersen v. StateSupreme Court of Connecticut · 1876
- Chapman v. StateSupreme Court of Georgia · 1899
- Clark v. PeopleIllinois Supreme Court · 1906
65 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. CypherIdaho Supreme Court · 1968
- State v. GlassNorth Dakota Supreme Court · 1915
- State v. CrayNorth Dakota Supreme Court · 1915
- State v. GibsonNorth Dakota Supreme Court · 1938
- State v. McLainNorth Dakota Supreme Court · 1981
18 more not listed; retrieve them via the Exa API.