State v. Klein

ON PETITION FOR REHEARING.

STRUTZ, Chief Justice.

The defendant has filed a petition for rehearing, pointing out that the trial court did not delay two days after verdict before passing sentence, as required by law.

Section 29-26-01, North Dakota Century Code, provides that after veidict of guilty, the court must appoint a time for pronouncing judgment. Section 29-26 02 then goes on to provide that the time appointed to pronounce judgment must be at least two days after the verdict, ;i the court intends to remain in session so long, or, if not, at as remote a time as can be allowed reasonably.

The…