State v. Haynes
North Dakota Supreme Court
Appeal from District Court, Cass County; Lauder, J. John B. Haynes was convicted of burglary, and appeals. It was error to allow Mrs. Webster to testify for the state over defendant’s objection, her name not being indorsed upon the information. State v. Kent, 5 N. D. 535; Peo. sr.Hall, 12 N. W. Rep. 667; Peo. sr. Howes, 45 N. W. Rep. 962; Peo. v. Quick, 25N. W. Rep. 302; Gandy v. State, 40 N. W. Rep. 305; Stevens v. State, 28 N. W. Rep. 304; Binklysr.
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Appeal from District Court, Cass County; Lauder, J. John B. Haynes was convicted of burglary, and appeals. It was error to allow Mrs. Webster to testify for the state over defendant’s objection, her name not being indorsed upon the information. State v. Kent, 5 N. D. 535; Peo. sr.Hall, 12 N. W. Rep. 667; Peo. sr. Howes, 45 N. W. Rep. 962; Peo. v. Quick, 25N. W. Rep. 302; Gandy v. State, 40 N. W. Rep. 305; Stevens v. State, 28 N. W. Rep. 304; Binklysr. State, 52 N. W. Rep. 708. When a witness is cross-examined on a matter collateral to the issue, his answer cannot be subsequently contradicted…
1Opinion of the CourtWallin, J.
The defendant, together with one Thomas McKenzie, was charged in the information with'the crime of burglary, committed at Hunter, in Cass County, on the 15th day of November, 1896, and was found guilty, and sentenced for such offense. A motion for a new trial based on a statement of the case was overruled, and the record embracing the evidence and proceedings at the trial is now before this court for review. We find numerous assignments of error in the record, all of which have been considered by the court; but we deem it necessary, in disposing of the case, to discuss only such of the…
2Cited by14 opinions
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- Buehner v. HoevenNorth Dakota Supreme Court · 1975
- State v. ToughNorth Dakota Supreme Court · 1903
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1962
- Moon v. StateCourt of Criminal Appeals of Oklahoma · 1970
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