State v. Tough
North Dakota Supreme Court
Appeal from District Court, Pierce county; Cowan, J. William B. Tough was convicted of entering a railroad car with intent to steal, and appeals. At common law a second indictment might be returned, but the-practice cannot be sustained in this state. The Code of Criminal Procedure governs all criminal actions. Under our code provisions, it is disclosed that a person charged with crimes cannot be harrassed with repeated indictments.
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Appeal from District Court, Pierce county; Cowan, J. William B. Tough was convicted of entering a railroad car with intent to steal, and appeals. At common law a second indictment might be returned, but the-practice cannot be sustained in this state. The Code of Criminal Procedure governs all criminal actions. Under our code provisions, it is disclosed that a person charged with crimes cannot be harrassed with repeated indictments. Under section 8033 Rev. Codes, if the grand jury returns no indictment, the case is dismissed; under section 8033, the dismissal does not preclude the «court from…
1Opinion of the CourtCochrane, J.
Defendant was indicted for the crime of burglary in the third degree, under section 7406, Rev. Codes 1899. When ¡arraigned, he moved to set aside the indictment, setting forth as *429grounds therefor that (a) the grand jury which returned the indictment was not legally called, in that the district judge, in ordering the jury drawn, did not do so upon a finding that the same was. necessary for the due enforcement of the laws of the state; (b) becaúse at the time of the finding of the indictment another indictment against defendant, for the same offense, returned by the same grand jury, was…
2Cases cited26 opinions
- The People v. . PetreaNew York Court of Appeals · 1883
- State v. PartlowSupreme Court of Missouri · 1886
- State v. ShoresWest Virginia Supreme Court · 1888
- State v. MaxwellSupreme Court of Iowa · 1875
- State v. MooreSupreme Court of Missouri · 1890
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hite v. United StatesCourt of Appeals for the Tenth Circuit · 1948
- State v. LongstrethNorth Dakota Supreme Court · 1909
- State v. FosterNorth Dakota Supreme Court · 1905
- State v. BanochSupreme Court of Iowa · 1922
- State v. BarnesNorth Dakota Supreme Court · 1915
13 more not listed; retrieve them via the Exa API.