State v. Kelly
North Dakota Supreme Court
An appeal from the County Court for Ransom County; Thomas, J. Defendants’ request for time in which to- prepare for trial should have been granted. Statute, Sec. 9889; McFadin v. State, 44 Tex. Grim. Rep. 471, 72 S. W. 172; Whitesides v. State, 44 Tex. Crim. Rep. 410, 71 S. W. 969. Filing new information on quashing of the former one makes a new case, entitling defendant to his day to plead. Whitesides v. State, supra.
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An appeal from the County Court for Ransom County; Thomas, J. Defendants’ request for time in which to- prepare for trial should have been granted. Statute, Sec. 9889; McFadin v. State, 44 Tex. Grim. Rep. 471, 72 S. W. 172; Whitesides v. State, 44 Tex. Crim. Rep. 410, 71 S. W. 969. Filing new information on quashing of the former one makes a new case, entitling defendant to his day to plead. Whitesides v. State, supra. It was error to overrule defendants’ request for time to prepare for trial. Statute, § 9935; State v. Chase, 17 N. D. 429, 117 N. W. 537, 17 Ann. Cas. 520. This was their right…
1Opinion of the CourtGoss, J.
Defendants were jointly informed against for keeping and maintaining a common nuisance, a misdemeanor, at a designated time and place. Their arraignment was had on the charge on July 9, 1912, and they were given until the next day to answer, when they appeared by counsel and demurred to the information, which demurrer was sustained. The.state’s attorney thereupon immediately asked leave to file a new information, charging the same crime but curing the defect in the original one, which motion was forthwith granted and was complied with by an amended information being immediately filed on July…
2Cases cited1 opinion
- State v. ChaseNorth Dakota Supreme Court · 1908