State v. Barry
North Dakota Supreme Court
Appeal from District Court, Cavalier County; Kneeshaw, J. William Barry was convicted of murder, arid appeals. Clarence Hears had known Barry since 1892. Had business relations with him in 1898 and 1899. Saw him frequently since 1898, and had talked with him. Saw him on January 3rd, and recounted his observations to the jury.
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Appeal from District Court, Cavalier County; Kneeshaw, J. William Barry was convicted of murder, arid appeals. Clarence Hears had known Barry since 1892. Had business relations with him in 1898 and 1899. Saw him frequently since 1898, and had talked with him. Saw him on January 3rd, and recounted his observations to the jury. It \yas error to exclude his opinion as to defendant’s sanity.' Bolling v. State, 16 S. W. Rep. 658; Jamie-son v. Peo., 34 N. E. Rep. 486; Peo. v. Sanfofd, 43 Cal. 29; Peo. v. Wredden, 59 Cal. 392; Peo. v. Lewis, 22 Pac. Rep. 241. In his instruction the court read to the…
1Opinion of the CourtWallin, C. J.
The appellant is charged with the offense of killing one Andrew Mallem, with malice aforethought and premeditation, in the county of Cavalier, on the 3d day of January, 1901. After pleading not guilty, the defendant was tried by a jury, and found guilty of the offense charged in the information, and as a penalty the jury directed that the defendant should be confined in the state penitentiary during the remainder of his life. Defendant is now confined in the penitentiary upon a sentence entered by the district court pursuant to the verdict. The trial commenced on July 16, 1901. I11 this court…
2Cases cited35 opinions
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3Cited by22 opinions
- Barry v. TrauxNorth Dakota Supreme Court · 1904
- Rucker v. StateOhio Supreme Court · 1928
- State v. FergusonSouth Dakota Supreme Court · 1925
- State v. HazlettNorth Dakota Supreme Court · 1905
- State v. KellerNorth Dakota Supreme Court · 2005
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