Legal Opinion

State v. Marcks

North Dakota Supreme Court

Decided February 19, 1894PublishedCited by 14 opinions

Error to District Court, McIntosh County; Lauder, J, Louis G. Marcks and Joseph Miller were convicted of assault and battery, and bring error. The information charges “with intent to injure.” The express language of the statute should have been followed.

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Error to District Court, McIntosh County; Lauder, J, Louis G. Marcks and Joseph Miller were convicted of assault and battery, and bring error. The information charges “with intent to injure.” The express language of the statute should have been followed. State v. Clark, 45 N. W. Rep. 910; State v. Harrison, 45 N. W. Rep. 777; People v. Keefer, 18 Cal. 636; People v. Jacobs, 29 Cal. 579. The information attempts to charge two separate and distinct offenses, the lesser not being included in the greater. Titrner v. Jiidge, 50 N. W. Rep. 310; Moore v. Peo., 26 111. Ap. 137; Sweeden v. State, 19…

1Opinion of the CourtWallin, J.

The plaintiffs in error were arraigned and tried upon an information filed against them by the state’s attorney of McIntosh County, and were convicted of assault and battery, and sentenced to pay a fine of $75 each, and be imprisoned in the county jail for a period of 10 days. Motions in arrest of judgment and. for a new trial were made and overruled, and a bill embracing exceptions was settled. Such portions of the information as are deemed important in the decision of the questions raised on the record are given below: “Comes now A. W. Clyde, state’s attorney, within and for said county and…

2Cases cited3 opinions

  1. State v. JohnsonNorth Dakota Supreme Court · 1893
  2. Turner v. DickermanMichigan Supreme Court · 1891
  3. State v. SmithNorth Dakota Supreme Court · 1892

3Cited by14 opinions

  1. State v. BarnesNorth Dakota Supreme Court · 1915
  2. Parks v. StateCourt of Criminal Appeals of Oklahoma · 1918
  3. State v. ClimieNorth Dakota Supreme Court · 1903
  4. State v. CruikshankNorth Dakota Supreme Court · 1904
  5. Dunn v. State of ArizonaArizona Supreme Court · 1937

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