State v. Uhler
North Dakota Supreme Court
An appeal from the District Court of Grand Forks County, Cooley, L, adjudging defendant guilty of robbery. A defendant on trial for crime has the right to have his witnesses present in court, and to the process of the court to procure them. Comp.
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An appeal from the District Court of Grand Forks County, Cooley, L, adjudging defendant guilty of robbery. A defendant on trial for crime has the right to have his witnesses present in court, and to the process of the court to procure them. Comp. Laws 1913, § 10787; N. D. Const. § 13, art. 1. A defendant is deprived of this right in its fullness and completeness if the testimony of a witness is brought before the court and jury in any other form, to which he does not give assent. And, where a witness is absent, and continuance is requested upon proper showing, a stipulation by the state as to…
1Opinion of the CourtGoss, J.
This is an appeal from an order denying a motion for new trial after sentence upon a conviction of robbery. The first alleged ground for reversal is based upon denial of defendant’s motion for a continuance over the term at which he was tried. The motion was based upon affidavits of defendant and counsel and upon the files, including a subpoena issued June 22, 1915, returnable four days later, with the *491sheriff’s return of inability to find Johnson, the witness therein named. The case was called for trial July 1, 1915, whereupon the motion was presented and denied. The court stated: “The…
2Cases cited39 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1895
- McGrath v. StateCourt of Criminal Appeals of Texas · 1896
- Miller v. StateWisconsin Supreme Court · 1909
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3Cited by9 opinions
- Hite v. United StatesCourt of Appeals for the Tenth Circuit · 1948
- State v. McLainNorth Dakota Supreme Court · 1981
- State v. TernesNorth Dakota Supreme Court · 1977
- Besette Ex Rel. Besette v. Enderlin School District No. 22North Dakota Supreme Court · 1981
- State v. BasingerIdaho Supreme Court · 1928
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