State v. Belyea
North Dakota Supreme Court
Appeal from District Court, Ramsey County; Morgan, J. E. H. Belyea was convicted of crime, and appeals. As against defendant’s demurrer, the information was sustained under subd. 3, § 7058, Rev. Codes. The information does not, in terms, cover the class of crime this section was intended to reach; and the language of the information is not broad enough to cover this section.
Read the full summary
Appeal from District Court, Ramsey County; Morgan, J. E. H. Belyea was convicted of crime, and appeals. As against defendant’s demurrer, the information was sustained under subd. 3, § 7058, Rev. Codes. The information does not, in terms, cover the class of crime this section was intended to reach; and the language of the information is not broad enough to cover this section. The information does not aver that the acts were perpetrated without design to effect death and while defendant was engaged in the commission of a felony. State v. Emerich, 5 Laws. Cl. Df. 11x6, 87 Mo. no. As a rule of…
1Opinion of the CourtWallin, J.
The defendant was charged with the crime of murder in the second degree by an information filed in the District Court by the state’s attorney of Ramsey county. After a plea of not guilty, the issues were tried by a jury, and the following verdict was returned into court and recorded: “We, the jury, find the defendant E. H. Belyea guilty of the crime of unlawfully procuring an abortion, as charged in the information.” Upon said verdict the trial court, on July 8, 1899, entered a judgment of conviction, and thereby sentenced the defendant to serve a term of three years at hard labor in the…
2Cases cited15 opinions
- People v. . DumarNew York Court of Appeals · 1887
- People v. RectorNew York Supreme Court · 1838
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
- State v. SloanSupreme Court of Missouri · 1871
- State v. ShockSupreme Court of Missouri · 1878
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. BoltonMontana Supreme Court · 1922
- State v. KellerNorth Dakota Supreme Court · 2005
- State v. ReillyNorth Dakota Supreme Court · 1913
- State v. ClimieNorth Dakota Supreme Court · 1903
- Lovejoy v. StateCourt of Criminal Appeals of Oklahoma · 1921
3 more not listed; retrieve them via the Exa API.