State v. Campbell
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Edward D. Campbell was convicted of burglary, and he appeals. It was incompetent to introduce and parade before the jury the burglars tools, without in any manner connecting the defendant with their use. People v. Winters, 29 Cal. 659; Peo. v. Kennedy, 32 N. Y. 223; Peo. v. Sansome, 24 Pac.
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Appeal from District Court, Cass County; Pollock, J. Edward D. Campbell was convicted of burglary, and he appeals. It was incompetent to introduce and parade before the jury the burglars tools, without in any manner connecting the defendant with their use. People v. Winters, 29 Cal. 659; Peo. v. Kennedy, 32 N. Y. 223; Peo. v. Sansome, 24 Pac. Rep. 143. The inculpatory evidence being purely circumstantial, it was error to refuse an appropriate instruction expounding the nature and cogency of that character of proof. Peo. v. Lachnais, 32 Cal. 434; Hunt v. State, 7 Tex. App. 235. Requests for…
1Opinion of the CourtWallin, J.
The defendant was charged with and convicted of the crime of burglary, committed in a dwelling house occupied by human beings, on the night of December 25, 1896, at Leonard, in the County of Cass, N. D. It appears by the evidence that the dwelling house was, at the time, occupied by one John Boos and his family, the living rooms being connected, by a door through a partition, with a store of general merchandise belonging to said Boos. In the store, and near the door leading into the living rooms, there was an iron safe, the outer door of which was not locked on the night of the burglary, but…
2Cases cited5 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- State v. McGaheyNorth Dakota Supreme Court · 1893
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- McPherrin v. JonesNorth Dakota Supreme Court · 1895
3Cited by16 opinions
- State v. McCrearySouth Dakota Supreme Court · 1966
- State v. GlassNorth Dakota Supreme Court · 1915
- State v. GibsonNorth Dakota Supreme Court · 1938
- People v. CourtneyMichigan Supreme Court · 1913
- Pease v. MagillNorth Dakota Supreme Court · 1908
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