State v. Barry
North Dakota Supreme Court
Appeal from District Court, Walsh county; Cowan, J. William Barry was convicted of murder, and appeals. A constitutional provision must be interpreted in the light of the common law, from which it is inherited, as known to the framers.
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Appeal from District Court, Walsh county; Cowan, J. William Barry was convicted of murder, and appeals. A constitutional provision must be interpreted in the light of the common law, from which it is inherited, as known to the framers. Miner v. Happersett, 21 Wall. 162, 22 L. Ed. '627; Ex parte Wilson, 114 U. S. 417, 29 L. Ed. 89; Boyd v. U. S., 116 U. S. 616, 29 L. Ed. 746; Smith v. Alabama, 12'4 U. S. 465, 31 L. Ed. 508; 1 Kent’s Com. 336; Moore v. U. S., 91 U. S. 270, 23 L. Ed. 346; The Abbotsford v. Johnson, 98 U. S. 440, 25 L. Ed. 168. A person is in legal jeopardy when he is put upon…
1Opinion of the CourtYoung, J.
On February 11, 1901, an information was filed in the district court of Cavalier county by the state’s attorney of that county, charging the defendant with the murder of one Andrew Mellem, alleged to have been committed on the 3d day of January, 1901. The defendant was tried in the following July, and the jury returned a verdict of guilty of murder in the first degree, and fixed.his punishment at life imprisonment. Tire judgment entered in pursuance thereof was reversed for prejudicial errors occurring at the trial, and the defendant was remanded for a new trial. State v. Barry, 11 N. D. 428,…
2Cases cited9 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- State v. KentNorth Dakota Supreme Court · 1896
- State v. BarryNorth Dakota Supreme Court · 1903
- State v. SnyderSupreme Court of Missouri · 1889
- State v. DaltonSupreme Court of Missouri · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Novak v. NovakNorth Dakota Supreme Court · 1946
- Pearce v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1937
- In Re MooreNorth Dakota Supreme Court · 1941
- People v. De Renna, New York County Courts1938
- Walker v. MarondaNorth Dakota Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.