State v. Moeller
North Dakota Supreme Court
Appeal from District Court, Ward county; Goss, J. Tbor Moeller was convicted of murder, and appeals from tbe judgment and an order denying a new trial. i Statements, acts in themselves or accompanying other acts, and part of the res gestos, brought home to one conspirator, are evidence against the other if it appears that they were used in furtherance of a common design. 1 Greenl. Ev. §§ 110, 111; 3 Greenl. Ev. § 94; Wharton, Grim.
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Appeal from District Court, Ward county; Goss, J. Tbor Moeller was convicted of murder, and appeals from tbe judgment and an order denying a new trial. i Statements, acts in themselves or accompanying other acts, and part of the res gestos, brought home to one conspirator, are evidence against the other if it appears that they were used in furtherance of a common design. 1 Greenl. Ev. §§ 110, 111; 3 Greenl. Ev. § 94; Wharton, Grim. Law, 4th ed. §§ 704, 705; 2 Rice, Ev. chap. 30, p. 807 & § 336; 3 Enc. Ev. p. 429, and note 74; 12 Oyc. Law & Proc. p. 438; People v. Davis, 56 N. T. 95; Spies v.…
1Opinion of the CourtSpalding, J.
The defendant was tried on an information charging, him with having, at the city of Minot in Ward county, North Dakota, on or about the 4th day of October, 1908, caused the death of One Gina Lien by, while not having any design to effect her death, inflicting upon her a mortal wound while attempting to induce and procure a miscarriage, the same not being necessary to preserve the life of the female, and of which she died on the 7th day of October, 1908, at said city of Minot. He was convicted and sentenced to serve ten years in the penitentiary. Erom the judgment of conviction and order…
2Cases cited13 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Branch v. FaustIndiana Supreme Court · 1888
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Lawrence v. StateCourt of Appeals of Maryland · 1906
- People v. StanleyCalifornia Supreme Court · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. ReillyNorth Dakota Supreme Court · 1913
- Poellnitz v. StateCourt of Criminal Appeals of Alabama · 1972
- Dolan v. O'RourkeNorth Dakota Supreme Court · 1928
- State v. HakonNorth Dakota Supreme Court · 1910
- State v. PhillipsNorth Dakota Supreme Court · 1938
5 more not listed; retrieve them via the Exa API.