State v. Tracy
North Dakota Supreme Court
Appeal from the District Court of Morton County, Hanley, T. From an order denying a motion for a new trial, defendant appeals. The statutes of this state prescribe the place where courts shall he held and criminal trials had, and it is fixed by law to be in the courthouse at the county seat of the county in which the alleged offense was committed. Comp.
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Appeal from the District Court of Morton County, Hanley, T. From an order denying a motion for a new trial, defendant appeals. The statutes of this state prescribe the place where courts shall he held and criminal trials had, and it is fixed by law to be in the courthouse at the county seat of the county in which the alleged offense was committed. Comp. Laws 1913, §§ 3293, 10398. It is error for the court to adjourn to a hospital to take the testimony of a sick witness, who is unable to attend the session of court and give his testimony against the accused, where defendant enters objections…
1Opinion of the CourtChristianson, J.
Defendant was convicted of the crime of assault and battery with intent to commit rape, and has appealed from the order denying his motion for a new trial.
The action was tried in the city of Mandan, the county seat of Morton county. After the jury had been impaneled and sworn to try the action, the state’s attorney requested that the jury be taken to the Mandan hospital for the purpose of taking the testimony of the complaining witness, Eva Bailett, who at that time was confined in said hospital on account of an operation for appendicitis, which had been performed upon her some four or five…
2Cases cited10 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- Spies v. IllinoisSupreme Court of the United States · 1887
- Maxwell v. DowSupreme Court of the United States · 1900
- Brown v. New JerseySupreme Court of the United States · 1899
- West v. LouisianaSupreme Court of the United States · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. KernsNorth Dakota Supreme Court · 1924
- State v. NagelNorth Dakota Supreme Court · 1947
- State v. HazerNorth Dakota Supreme Court · 1929
- State v. BoweNorth Dakota Supreme Court · 1928
- State v. CarterNorth Dakota Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.