State v. Chase
North Dakota Supreme Court
Appeal from District Court, Williams County; Goss, J. • M. B. Chase and John Dwyer were convicted of keeping a gambling resort, and they appeal. . Defendant is entitled to a day after plea to prepare for trial. Section 9935, Revised Codes 1905. It is his right without statute. Miller v. U. S. 57 Pac. 836; Goodson v. U. S. 54 Pac. 423; Johnson v. State, 49 S. W. 618; State v. Pool, 23 So. 503. Trial is not begun until jurors are sworn.
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Appeal from District Court, Williams County; Goss, J. • M. B. Chase and John Dwyer were convicted of keeping a gambling resort, and they appeal. . Defendant is entitled to a day after plea to prepare for trial. Section 9935, Revised Codes 1905. It is his right without statute. Miller v. U. S. 57 Pac. 836; Goodson v. U. S. 54 Pac. 423; Johnson v. State, 49 S. W. 618; State v. Pool, 23 So. 503. Trial is not begun until jurors are sworn. State v. Hazledahl, 2 N. D.'521, 52 N. W. 315; State v. Kent, 5 N. D. 516, 67 N. W. 1052. Abuse of discretion to refuse time for preparation. Colean Mfg. Co. v.…
1Opinion of the CourtMorgan, C. J.
The state’s attorney of Williams county filed an information against the’ defendants, charging them with jointly keeping a place as a gambling resort in violation of section 8974, Revised Codes 1905, and a conviction followed, after a joint trial before a jury, and they were sentenced to imprisonment in the county jail for 90 days, and to pay the costs of trial, taxed at the sum of $150. The defendants have appealed from the judgment, and, pending the appeal, were admitted to bail by the district court. '
'There are three grounds urged by them for a reversal of the judgment.(1) The refusal of…
2Cases cited7 opinions
- People v. WinthropCalifornia Supreme Court · 1897
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. ChisholmSupreme Court of Minnesota · 1893
- State v. JordanSupreme Court of Iowa · 1893
- Fletcher v. StateCourt of Criminal Appeals of Texas · 1897
- State v. KingSupreme Court of Iowa · 1896
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3Cited by5 opinions
- State v. O'NealSupreme Court of South Carolina · 1947
- State v. DeckerNorth Dakota Supreme Court · 1970
- State v. DeckerNorth Dakota Supreme Court · 1970
- State v. KellyNorth Dakota Supreme Court · 1913
- State v. StaberNorth Dakota Supreme Court · 1910