State v. Longstreth
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Burice, J. W. E. Longstreth was convicted of procuring an abortion, and, from an order denying a new trial, he appeals. Information for committing the crime of abortion must allege the means of its accomplishment. Cochran v. People, 51 N. E. 845 ; Rhodes v. State, 27 N. E. 866; Com. v. Corkin, 136 Mass., 429; 1 Cyc. 728. Complainant must state the facts constituting a crime upon his positive knowledge. State Ex Rel.
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Appeal from District Court, Stutsman County; Burice, J. W. E. Longstreth was convicted of procuring an abortion, and, from an order denying a new trial, he appeals. Information for committing the crime of abortion must allege the means of its accomplishment. Cochran v. People, 51 N. E. 845 ; Rhodes v. State, 27 N. E. 866; Com. v. Corkin, 136 Mass., 429; 1 Cyc. 728. Complainant must state the facts constituting a crime upon his positive knowledge. State Ex Rel. Poul v. McLain, 102 N. W. 407 ; People v. Heffron, 19 N. W. 170; Blodgett v. Race, 18 Hun, 132; In Re Blum, 9 Misc. Rep. 571, 30 N. Y.…
1DissentEllsworth, J.
I dissent from the holdings of the majority of this court upon the two points last considered in their *280opinion, and believe that error of the district court appears upon the record of a nature so serious and prejudicial to the rights of the defendant as to require the judgment of conviction in this case to be reversed and a new trial ordered.
A fair consideration of the testimony of the witness Olsen, as received upon the trial, discloses a disregard of elementary rules governing the introduction of evidence, with resultant prejudice to-the rights of the defendant so great as of itself to…
2Cases cited4 opinions
- State v. ClementsOregon Supreme Court · 1887
- State v. AikenSupreme Court of Iowa · 1899
- State v. SchuermanMissouri Court of Appeals · 1897
- Smith v. StateNebraska Supreme Court · 1894