State v. Fordham
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Thomas J. Fordham was convicted of robbery. From an order granting a new trial, the state appeals. In filing an information the state’s attorney is not confined to the offense mentioned in the complaint; he may file information for any offense covered by the allegation, or growing out of the transactions set forth in the complaint or necessarily connected therewith.
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Appeal from District Court, Grand Forks county; Fisk, J. Thomas J. Fordham was convicted of robbery. From an order granting a new trial, the state appeals. In filing an information the state’s attorney is not confined to the offense mentioned in the complaint; he may file information for any offense covered by the allegation, or growing out of the transactions set forth in the complaint or necessarily connected therewith. Section 7983, Rev. Codes 1899; State v. Rozum, 8 N. D. 548, 80 N. W. 477. In criminal cases instructions should not be given to the jury unless founded upon some evidence…
1Opinion of the CourtMorgan, J.
The defendant was convicted of the crime of robbery from one Bert Click, and sentenced to three years in the penitentiary. Prior to entering a plea of not guilty, he moved to set aside the information upon the alleged ground that he had not been given a preliminary examination as provided by law for the offense for which he had been informed against. This motion was denied by the court. The information filed against him is as follows, so far as charging the offense is concerned: “That at said time and place the said T. J. Fordham violently, wrongfully and unlawfully did make an assault upon…
2Cases cited15 opinions
- People v. MurrayMichigan Supreme Court · 1888
- Sledge v. StateSupreme Court of Georgia · 1896
- State v. RozumNorth Dakota Supreme Court · 1899
- State v. BanksSupreme Court of Missouri · 1881
- State v. RechnitzMontana Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Traxler v. StateCourt of Criminal Appeals of Oklahoma · 1952
- State v. HeffernanSouth Dakota Supreme Court · 1909
- State v. WisnewskiNorth Dakota Supreme Court · 1905
- People v. QuigleyMichigan Supreme Court · 1921
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1961
16 more not listed; retrieve them via the Exa API.