State v. Kent
North Dakota Supreme Court
Error to District Court, Morton County; Winchester, J. Myron R. Kent, having been convicted of murder, brings error. The word “may” as used in the last clause of § 7312, Comp. Laws, is mandatory.
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Error to District Court, Morton County; Winchester, J. Myron R. Kent, having been convicted of murder, brings error. The word “may” as used in the last clause of § 7312, Comp. Laws, is mandatory. State v. He?ining, 54 N. W. Rep. 536; State v. Palmer, 57 N. W. Rep. 490; Goldsby v. State, 18 Ind. 147; Merhan v. State, 44 Ind. 598; Manley v. State, 52 Ind. 215; Dingi?inis v. State, 66 Ind. 350; State v. Nerumn, 49 Conn. 233; Kane v. Forth, 70 111. 587; Com. v. Smith, m Mass. 407; Potters Dwarris on Stats. 220; Endlich on Int. of Stats. 416. Permitting ■F. M. Nye to appear as private prosecutor…
1Opinion of the CourtCorliss, J.
The plaintiff in error was convicted of the crime of murder. The jury, under the statute, decided that he should suffer death. Comp. Laws, § 6449. Having been sentenced to be hung, he obtained a writ of error, and the whole case is now before us for review.
The first point we will consider relates to the information. In it the accused is charged as principal. The information alleges that he himself held and discharged the gun by which the victim was killed. It contains no averment that he counseled and directed any third person to commit the crime. The undisputed fact is that the murdered…
2Cases cited48 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Supervisors v. United StatesSupreme Court of the United States · 1867
- People v. PowellCalifornia Supreme Court · 1891
- People v. . EverhardtNew York Court of Appeals · 1887
- People v. WelchCalifornia Supreme Court · 1874
43 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- State v. AtkinsWest Virginia Supreme Court · 1979
- State v. LittleArizona Supreme Court · 1960
- State v. KentNorth Dakota Supreme Court · 1896
- Thalheim v. StateSupreme Court of Florida · 1896
- Stern Bros., Inc. v. McClureWest Virginia Supreme Court · 1977
72 more not listed; retrieve them via the Exa API.