Legal Opinion

State v. Kent

North Dakota Supreme Court

Decided June 5, 1896PublishedCited by 114 opinions

Error to District Court, Cass County; McConnell, J. William W. Pancoast, informed against as Myron R. Kent, was convicted of murder, and brings error. The change of venue from the Sixth Judicial District to the Third Judicial District, after the trial had begun, was without authority of law. Section 7312, Comp. Laws. The court was without jurisdiction, and defendant could not confer jurisdiction by consent.

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Error to District Court, Cass County; McConnell, J. William W. Pancoast, informed against as Myron R. Kent, was convicted of murder, and brings error. The change of venue from the Sixth Judicial District to the Third Judicial District, after the trial had begun, was without authority of law. Section 7312, Comp. Laws. The court was without jurisdiction, and defendant could not confer jurisdiction by consent. Bronillett v. Judge, 12 Rep. 134; State v. Bulli?ig, 12 S. W. Rep. 356; Fludley v. State, 36 Aide. 237; Duncan v. State, 84 Ind. 204; Keith v. Slate, 90 Ind. 89; App. v. State, 90 Ind. 73;…

1Opinion of the CourtBartholomew, J.

The plaintiff in error, William W. Pancoast, was informed against by the state’s attorney of Morton County, under the name of Myron R. Kent; and, by such information, he was accused of the murder of one Julia C. Kent, in said county, on the 13th day of March, 1894. The information was dated on the 8th day of November, 1894. As the record refers to plaintiff in error by the nane of Kent, we shall use the same name in this opinion. A trial of the case resulted in a verdict of guilty of murder in the first degree, and the death penalty was affixed. The judgment on the verdict was brought to this…

2Cases cited91 opinions

  1. Moore v. United StatesSupreme Court of the United States · 1893
  2. Brown v. SwinefordWisconsin Supreme Court · 1878
  3. People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
  4. People v. . HarrisNew York Court of Appeals · 1893
  5. Wilbur v. FloodMichigan Supreme Court · 1867

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3Cited by114 opinions

  1. Wallace v. StateSupreme Court of Florida · 1899
  2. Erickson v. WiperNorth Dakota Supreme Court · 1916
  3. People v. SpauldingIllinois Supreme Court · 1923
  4. State v. KingSupreme Court of Kansas · 1922
  5. State Ex Rel. Sowers v. OlwellWashington Supreme Court · 1964

109 more not listed; retrieve them via the Exa API.

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