State v. Haynes
North Dakota Supreme Court
Appeal from District Court, Cass County; Lauder, J. John B. Haynes was convicted of burglary, and appeals. In view of the courts charge that there was no direct testimony but the testimony of the witness Reams, he should have instructed that Reams was an accomplice and the refusal of the court to give defendant’s request on this subject was prejudicial error. Knowlan v. State, 19 Ohio Rep. 13; 10 Crim.
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Appeal from District Court, Cass County; Lauder, J. John B. Haynes was convicted of burglary, and appeals. In view of the courts charge that there was no direct testimony but the testimony of the witness Reams, he should have instructed that Reams was an accomplice and the refusal of the court to give defendant’s request on this subject was prejudicial error. Knowlan v. State, 19 Ohio Rep. 13; 10 Crim. L. Mag. 172; Peo. v. Ames, 39 Cal. 403; Peo. v. Thompson, 50 Cal. 480, Abb. Tr. Cl. Bf. 452. When the testimony against the defendant is that of an accomplice, failure of the court to instruct…
1Opinion of the CourtWallin, J.
The defendant was accused jointly with one Thomas McKenzie of the crime of burglary in the third degree, and after a verdict of guilty was sentenced to a term in the penitentiary. Upon a statement of the case, embracing only such evidence as bears upon the specific errors assigned upon the record, a motion for a new trial'was made and denied. All errors assigned in this court have reference to the instructions to the jury as given, or as requested to be given by counsel and refused.' No question as to the sufficiency of the evidence to sustain the verdict arises upon the record. The…
2Cases cited1 opinion
- State v. LawlorSupreme Court of Minnesota · 1881
3Cited by15 opinions
- State v. GlassNorth Dakota Supreme Court · 1915
- King v. HansonNorth Dakota Supreme Court · 1904
- Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
- Huber v. ZeiszlerNorth Dakota Supreme Court · 1917
- State v. TuckerNorth Dakota Supreme Court · 1929
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