State v. Koerner
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Joseph Koerner was convicted of larceny, and appeals. Drunkenness is admissable in evidence on the question of intent, where the intent is an element in the offense without which the offense could not be committed. Peo. v. Blake, 4 Pac. Rep. 1; State v. Bell, 29 la. 316; Scott v. State, 12 Tex. App. 31; Wens v. State, 1 Tex.
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Appeal from District Court, Cass County; Pollock, J. Joseph Koerner was convicted of larceny, and appeals. Drunkenness is admissable in evidence on the question of intent, where the intent is an element in the offense without which the offense could not be committed. Peo. v. Blake, 4 Pac. Rep. 1; State v. Bell, 29 la. 316; Scott v. State, 12 Tex. App. 31; Wens v. State, 1 Tex. App. 36; Cross v. State, 12 N. W. Rep. 425; State v. Donovan, 16 N. W. Rep. 206; State v. Grear, 13 N. W. Rep. 140; Latimer v. State, 76 N. W. Rep. 207; O’Grady v. State, 54 NW. Rep. 556; Hill v. State, 60 N. W. Rep.…
1Opinion of the CourtYoung, J.
The defendant was tried and convicted of the crime of grand larceny in the District Court of Cass, county at the November, 1898, term. Thereafter a motion for a new trial was made on his behalf. , This was denied, and on December 6, 1898, he was sentenced to one year in the state penitentiary.
This appeal is based entirely upon errors of law. . While the specifications of error are several in number, we need not treat them separately in this opinion; for they are either rendered unimportant, or are determined, by the conclusion which we .have reached as to the one error of the trial court in…
2Cases cited11 opinions
- People v. WalkerMichigan Supreme Court · 1878
- Chatham v. StateSupreme Court of Alabama · 1890
- State v. BellSupreme Court of Iowa · 1870
- Sturgis v. FayIndiana Supreme Court · 1861
- Wood v. StateSupreme Court of Arkansas · 1879
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3Cited by7 opinions
- People v. HolcombMichigan Supreme Court · 1975
- People v. HenryMichigan Supreme Court · 1918
- State v. TiplerNorth Dakota Supreme Court · 1982
- People v. HobbsMichigan Court of Appeals · 1976
- People v. HobbsMichigan Court of Appeals · 1976
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