State v. Sogge
North Dakota Supreme Court
Appeal from District Court, Towner County, C. W. Buttz, J. Defendants were convicted of manslaughter and from the judgment of conviction and from the order denying a new trial, they appeal. The first consideration in every criminal case is the corpus delicti. In homicide this consists of the death of the person claimed to have been killed and the criminal agency. The next consideration is the connection of the defendant with the crime.
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Appeal from District Court, Towner County, C. W. Buttz, J. Defendants were convicted of manslaughter and from the judgment of conviction and from the order denying a new trial, they appeal. The first consideration in every criminal case is the corpus delicti. In homicide this consists of the death of the person claimed to have been killed and the criminal agency. The next consideration is the connection of the defendant with the crime. The first must be established by •direct evidence, and the latter by direct or circumstantial evidence to the satisfaction of the jury beyond a reasonable…
1Opinion of the CourtChristianson, J.
This opinion is written after a reargument. The former opinion was written by the then Chief Justice Eisk. After due consideration we have decided to adopt and reaffirm the following material portions of the former opinion:
“The defendants were jointly charged with the crime of murder, and defendants Eognhild Sogge and Elmer Jones were convicted of manslaughter in the first degree, and the punishment fixed at imprisonment in the penitentiary for the term of five years. Defendant Betsy J ones was convicted of manslaughter in the second degree, and the punishment fixed at confinement in the…
2Cases cited11 opinions
- The People v. . BennettNew York Court of Appeals · 1872
- People v. . PalmerNew York Court of Appeals · 1888
- People v. . BenhamNew York Court of Appeals · 1899
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
- State v. CalderMontana Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. SotoSupreme Court of Minnesota · 1985
- State v. ChampagneNorth Dakota Supreme Court · 1972
- State v. TjadenNorth Dakota Supreme Court · 1955
- State v. StevensNorth Dakota Supreme Court · 1975
- State Ex Rel. Atkinson v. WilsonWest Virginia Supreme Court · 1985
13 more not listed; retrieve them via the Exa API.