State v. Carroll

• Decision Date: 07 October 1904
• Citation: 13 N.D. 383,101 N.W. 317
• Parties: STATE v. CARROLL.
• Court: North Dakota Supreme Court

13 N.D. 383

101 N.W. 317

STATE

v.CARROLL.

Supreme Court of North Dakota.

Oct. 7, 1904.

Syllabus by the Court.

1. The jurisdiction of the district court over the person of the defendant and the subject-matter in bastardy proceedings is complete when the transcript of the proceedings before the justice and the jurisdictional papers filed with the justice are Iodged with the clerk of the district court.

2. In such proceedings, when the defendant furnishes bail, approved by the magistrate under section 7842, Rev. Codes 1899, it is not necessary that the magistrate's transcript of proceedings should show any formal order or judgment holding the defendant for trial.

3. An affidavit for continuance on the ground of the absence of a material witness, which states that the affiant is informed and believes that the absent witness can and will testify to certain facts, but fails to disclose the sources of information or the grounds for such belief, is insufficient.

Appeal from District Court, Ward County; L. J. Palda, Jr., Judge.

Leslie R. Carroll was convicted of crime, and appeals. Affirmed.Le Sueur & Bradford, for appellant. James Johnson, State's Atty.

ENGERUD, J.

This is an appeal by defendant from a judgment rendered against him in bastardy proceedings. The appellant contends that the judgment should be reversed and the proceedings dismissed because the district court had no jurisdiction, or, if the objection to the jurisdiction is not well taken, a new trial should be ordered because the trial court erred in denying defendant's motion for a continuance.

The record discloses that a complaint in statutory form was presented to the justice, showing that the defendant was the father of the complaining witness' bastard child; that a warrant in due form was thereupon issued, by virtue of which warrant the defendant was apprehended and brought before the magistrate; that the defendant then furnished an undertaking for his appearance in district court to answer the complaint, which undertaking was accepted by the justice, and defendant released from custody. All the original papers, properly identified, together with a certified transcript of his proceedings, were transmitted by the justice to the district court. The proceeding was placed on the calendar for trial at the next term, and when the case was reached for trial the defendant appeared by counsel, and moved to dismiss the proceeding on the ground that the trial court had not acquired jurisdiction. The specific objection to the jurisdiction urged by defendant's counsel here and in the trial court is that the justice's transcript of his proceedings affirmatively shows that the justice had made no order or judgment holding the defendant to appear for trial in the district court.

The objection is without merit. The justice's transcript is in proper form. It is addressed to the clerk of the district court of Ward county, and purports to set forth all proceedings, and to have annexed thereto all papers filed in the case of the state of North Dakota against Leslie R. Carroll, before John W. Crow, justice of the peace of Ward county, and bears the signature of said justice. It contains “a full, true, and correct copy of all docket entries.” These entries, after showing the making and filing of the complaint and the issuance...