State v. Climie
North Dakota Supreme Court
Appeal from District Court, Griggs County; Glaspell, J. Benjamin K. Climie was convicted of assault and battery, and appeals. The crime of assault and battery is no part of the offense of assault with a dangerous weapon; the court erred in instructing the jury that it could return a verdict of assault and battery; it further erred in denying defendant’s motion to arrest the judgment, and motion for a new trial, and to set aside the verdict.
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Appeal from District Court, Griggs County; Glaspell, J. Benjamin K. Climie was convicted of assault and battery, and appeals. The crime of assault and battery is no part of the offense of assault with a dangerous weapon; the court erred in instructing the jury that it could return a verdict of assault and battery; it further erred in denying defendant’s motion to arrest the judgment, and motion for a new trial, and to set aside the verdict. The' court also erred in overruling the demurrer to the information. Such errors of the court are based upon the claim made by the defendant, that the…
1Opinion of the CourtCochrane, J.
The accused was informed against by the state’s attorney of Griggs county for an assault and battery with a dangerous weapon, with intent to do bodily harm, and without justifiable or excusable cause, as defined in section 7145, Rev. Codes. The information, omitting the title, commencement, and concluding part, reads as follows: "Benjamin Tufte, state’s attorney in and for said county of Griggs and state of North Dakota, in the name and by the authority of the state of North Dakota, informs this court that heretofore, to wit, on the twelfth day of June, in the year of our Lord one thousand…
2Cases cited8 opinions
- Lawhead v. StateNebraska Supreme Court · 1896
- State v. MarcksNorth Dakota Supreme Court · 1894
- Aiken v. StateNebraska Supreme Court · 1894
- State v. BelyeaNorth Dakota Supreme Court · 1900
- State v. LocklinSupreme Court of Vermont · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. NagelNorth Dakota Supreme Court · 1947
- State v. GiulianoSouth Dakota Supreme Court · 1978
- State v. TaylorNorth Dakota Supreme Court · 1940
- State v. BarnesNorth Dakota Supreme Court · 1915
- State v. ToughNorth Dakota Supreme Court · 1903
9 more not listed; retrieve them via the Exa API.