State v. Russell
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Horace G. Russell was convicted of assault. From an order granting a motion in arrest .of judgment and discharging the defendant, the State appeals. Where a committing magistrate does not commit, but proceeds to try in matters where he has no jurisdiction to try, an appeal from his judgment of conviction gives jurisdiction to the 'appellate court.
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Appeal from District Court, Cass county; Pollock, J. Horace G. Russell was convicted of assault. From an order granting a motion in arrest .of judgment and discharging the defendant, the State appeals. Where a committing magistrate does not commit, but proceeds to try in matters where he has no jurisdiction to try, an appeal from his judgment of conviction gives jurisdiction to the 'appellate court. State v. Schuerman, 52 Mo., 165; State v. McCombs, 13 la., 426; Commonwealth v. Whalen, 17 N. E. 881; Commonwealth v. Tipper 58 Ky. 6; State v. McEvory 27 N. W. 273; Commonwealth v Harvey, 11…
1Opinion of the CourtSpalding, J.
This is an appeal by the state from an order granting respondent’s motion in arrest of judgment on -conviction of assault and discharging respondent. The record discloses that Martin Ryan was, at the time -the proceedings involved in this appeal were had, the duly elected and acting- police magistrate in -and for the -city of Fargo. The respondent, Russell, was -complained against and charged with committing the crime of assault and •battery. IJpon the complaint filed with him, Ryan issued a warrant for the arrest of respondent, who was arrested -thereon. The case was tried on the 10th day of…
2Cases cited10 opinions
- Ledgerwood v. StateIndiana Supreme Court · 1893
- Perteet v. PeopleIllinois Supreme Court · 1873
- In re the Writ of CorpusNew York Supreme Court · 1894
- State v. WatsonSupreme Court of Kansas · 1883
- State ex rel. Poul v. McLainNorth Dakota Supreme Court · 1905
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3Cited by3 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- Re StrickerNorth Dakota Supreme Court · 1932
- State ex rel. Stricker v. AndrewsNorth Dakota Supreme Court · 1932