State v. Christman
North Dakota Supreme Court
From a judgment of conviction rendered by the District Court of Mercer County, JFIanley, J\, defendant appeals. The homicide occurred in the defendant’s dwelling, his home, and while the deceased was intent upon the commission of a crime. His •assaults upon defendant in the presence of defendant’s wife and children and in their home had continued for some time.
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From a judgment of conviction rendered by the District Court of Mercer County, JFIanley, J\, defendant appeals. The homicide occurred in the defendant’s dwelling, his home, and while the deceased was intent upon the commission of a crime. His •assaults upon defendant in the presence of defendant’s wife and children and in their home had continued for some time. Defendant had the right to protect and defend himself and his home; but there is no legal evidence of the commission of any crime by defendant. People v. Tomlins, 213 N. Y. 240, L.R.A. —, —, 107 N. E. 496; Beard v. United States, 158…
1Opinion of the CourtGoss, J.
The defendant was informed against, and tried for murder in the first degree, and convicted of the included offense of manslaughter in the first degree, and sentenced to ten years’ imprisonment. The appeal raises questions of error in the admission of evidence and instructions, and it is also strenuously urged that the verdict is contrary ■do law and insufficient to sustain the conviction.
The homicide occurred February 14, 1915, within the dwelling house -of the defendant, where Henry Becker was killed by a gunshot wound. The defendant was fifty-seven years of age. Becker, the deceased, was…
2Cases cited3 opinions
- Armstrong v. StateSupreme Court of Florida · 1892
- Dickey v. DavisCalifornia Supreme Court · 1870
- Hill v. StateCourt of Criminal Appeals of Texas · 1909
3Cited by3 opinions
- State v. StrongNorth Dakota Supreme Court · 1924
- State v. GibbsSupreme Court of Kansas · 1919
- State v. SchneiderNorth Dakota Supreme Court · 1926