Territory v. Christensen
Supreme Court Of The Territory Of Dakota
Writ of error to the district court of Moody county. In criminal' actions the purpose of the record is to preserve the memory of those proceedings, which are deemed in law essential to justify the punishment. Hence it must affirmatively show the offense, the sentence and all the steps, without which the sentence wouid be unlawful. 1 Bishop Grim. Pro.
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Writ of error to the district court of Moody county. In criminal' actions the purpose of the record is to preserve the memory of those proceedings, which are deemed in law essential to justify the punishment. Hence it must affirmatively show the offense, the sentence and all the steps, without which the sentence wouid be unlawful. 1 Bishop Grim. Pro. Sec. 1347 and cases cited- — Note 1; Ex parte Gidson, 31 Cal. 620;' People v. Gaines, 52 Cal. 479; Douglas v. State, 3 Wis. 820; Davis v. State, 38 Wis. 487; Hoskins v. People, 84 111. 87, 25 Am. Rep. 483; Grigg v. People, 31 Mich. 471; State v.…
1Opinion of the CourtTripp, C. J.
The defendant was tried at the October term, 1884, of the district court in and for Moody county, upon an indictment for murder, was convicted of the crime of manslaughter in the first decree, and was sentenced to imprisonment in the penitentiary at Sioux Falls for the-term of 24 years and 4 months. No motion was made for a new trial, or for arrest of judgment, nor was any bill of exceptions tendered or settled in the case; but some time after judgment was pronounced, and the defendant- had been conveyed to the penitenitary, defendant sued out a writ of error, and assigned as errors of record…
2Cases cited4 opinions
- Bilansky v. StateSupreme Court of Minnesota · 1859
- Hopt v. UtahSupreme Court of the United States · 1885
- Smith v. StateIndiana Supreme Court · 1880
- Roberts v. HaggartSupreme Court Of The Territory Of Dakota · 1886
3Cited by6 opinions
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Territory of Montana v. ClaytonMontana Supreme Court · 1888
- In re Loevinger's EstateSouth Dakota Supreme Court · 1918
- Van Cise v. Merchants National BankSupreme Court Of The Territory Of Dakota · 1887
- Schmidtgall v. Walshtown Tp.South Dakota Supreme Court · 1911
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