State v. Glass
North Dakota Supreme Court
Appeal from the District Court of Bowman County, Hon. W. L. Nuessle, Judge. Circumstantial evidence should be expressly defined, and the rules governing its effect should be concisely stated. It is always the duty of the trial court to so clearly define such evidence, whether requested or not, and a failure to do so is prejudicial error.
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Appeal from the District Court of Bowman County, Hon. W. L. Nuessle, Judge. Circumstantial evidence should be expressly defined, and the rules governing its effect should be concisely stated. It is always the duty of the trial court to so clearly define such evidence, whether requested or not, and a failure to do so is prejudicial error. The court failed to do so in this ease, and the defendant’s substantial rights were prejudiced, and he is entitled to a new trial. 12 Oyc. 633; 1 Greenl. Ev. 15th ed. § 13, note A; People v. Strong, 30 Cal. 151; Burton v. State, 107 Ala. 108, 18 So. 284;…
1Opinion of the CourtCheistiaNSON, J.
The defendant was convicted of the crime of murder in the second degree in the district court of Bowman county *629upon a change of venue from Billings county, and sentenced to twenty-five years’ imprisonment for the murder of one Thomas Corcoran. After the return of the 'verdict, and before sentence was pronounced, defendant’s counsel made a motion for a new trial, which was denied. Judgment was pronounced pursuant to the verdict, and this appeal is taken from such judgment.
The only errors urged by appellant for a reversal relate to certain rulings made by the trial court during the introduction…
2Cases cited53 opinions
- Goldsby v. United StatesSupreme Court of the United States · 1895
- Boland v. ClaudelIndiana Supreme Court · 1914
- Inklebarger v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Ferguson v. StateNebraska Supreme Court · 1897
- Longley v. CommonwealthSupreme Court of Virginia · 1900
48 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- State v. JordheimNorth Dakota Supreme Court · 1993
- State v. HaakensonNorth Dakota Supreme Court · 1973
- State v. NelsonSouth Dakota Supreme Court · 1964
- State v. McClellandNorth Dakota Supreme Court · 1943
- State v. BonnerNorth Dakota Supreme Court · 1985
44 more not listed; retrieve them via the Exa API.