State v. Hart
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. George E. Hart was convicted of the crime of adultery, and appeals. Failure to demur to an information does not waive defendant’s right to object to the jurisdiction of the court. Comp. Laws 1913, § 10715. An information or. indictment may be set aside on timely and proper motion, before plea. Comp. Laws 1913, § 10728. If the motion is not made before demurrer or plea, the objections are waived. Comp.
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Appeal from the District Court of Ward County, Leighton, J. George E. Hart was convicted of the crime of adultery, and appeals. Failure to demur to an information does not waive defendant’s right to object to the jurisdiction of the court. Comp. Laws 1913, § 10715. An information or. indictment may be set aside on timely and proper motion, before plea. Comp. Laws 1913, § 10728. If the motion is not made before demurrer or plea, the objections are waived. Comp. Laws 1913, § 10728; State v. Kent (State v. Pan-coast) 5 N. D. 516, 35 L.E.A. 518, 67 N. W. 1052; State ex rel. Poul v. McLain, ,13 N.…
1Opinion of the CourtChristianson, J.
The defendant was convicted in the district court of Ward county of the crime of adultery. This appeal is taken from the judgment of conviction. The material facts are as follows: On the 25th day of June, 1913, á criminal complaint was filed before T. N. Engdahl, a justice of the peace in Ward county, subscribed and sworn to by one J. Ii. Griffin, charging “that during the last three years in said county, the above-named defendant at various times committed the crime of adultery by having illicit relations with Kosina C. Griffin, wife of J. H. Griffin.” The words, “wife of J. IT. Griffin,”…
2Cases cited11 opinions
- Emery v. StateWisconsin Supreme Court · 1899
- State v. WisnewskiNorth Dakota Supreme Court · 1905
- State v. ReedySupreme Court of Kansas · 1890
- State ex rel. Peterson v. BarnesNorth Dakota Supreme Court · 1893
- State ex rel. Poul v. McLainNorth Dakota Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Johnson v. BroderickNorth Dakota Supreme Court · 1947
- State v. MeeSouth Dakota Supreme Court · 1940
- State ex rel. Germain v. RossNorth Dakota Supreme Court · 1918
- Green v. WhippleNorth Dakota Supreme Court · 1958
- State v. PersonsNorth Dakota Supreme Court · 1972
6 more not listed; retrieve them via the Exa API.