State v. Rooney
North Dakota Supreme Court
Appeal from District Court Cass County; Pollock, J. John Rooney was convicted of murder in the first degree, and. his punishment fixed at death.
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Appeal from District Court Cass County; Pollock, J. John Rooney was convicted of murder in the first degree, and. his punishment fixed at death. He appeals from the judgment, The court erred in sentencing appellant on March 31, 1903, as the law in force, when the crime was committed, was repealed by a statute taking effect March 9, 1903. Section 5142, Rev. Codes 1899, is a general saving clause, to be read into statutes repealing punishments for crime, unless a different purpose is plainly expressed by the legislature. The statute is a copy of section 13, U. S. statutes-at large. See 1 Gould…
1Opinion of the CourtCochrane, J.
The defendant was convicted of the crime of murder in the first degree for the killing on August 26, 1902, of Harold C. Sweet. On March 9, 1903, chapter 99, Laws 1903. went into effect, changing the former statute as to place of inflicting the death penalty from the county jail to the penitentiary, and extending the time after sentence within which the judgment of death should be carried out. On March 31, 1903, defendant was sentenced to be conveyed to the penitentiary of the state of North Dakota, at Bis*147marck, there to be kept in close..confinement until October 9, 1903, and then and there…
2Cases cited26 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Fletcher v. PeckSupreme Court of the United States · 1810
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Ex Parte GarlandSupreme Court of the United States · 1867
- Cummings v. MissouriSupreme Court of the United States · 1867
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3Cited by4 opinions
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