State v. Weltner
Decision Date | 27 May 1898 |
Citation | 75 N.W. 779,7 N.D. 522 |
Parties | STATE v. WELTNER. |
Court | North Dakota Supreme Court |
1. Held, where a justice of the peace conducted the preliminary examination of the defendant, and held him to bail, after the defendant had in due time filed a proper affidavit for a transfer of the action to another justice, that such examination was void, and inoperative as a preliminary examination of the defendant.
2. Held, further, in such case, that an information against the defendant, filed by the state's attorney, was irregular and voidable, and the district court erred, to defendant's prejudice, in overruling defendant's motion to set aside the same.
3. Held, further, in a criminal action, that a statement of the case, under the statute and rules of this court, is not required to embody specifications of error, as required in civil cases by rule 10 of the rules of this court, nor need such statement be authenticated by the judge's certificate of identification, as required in civil cases by rule 9.
4. Held, further, in criminal cases, that assignments of error are governed by rule 12, except that no reference can be made therein to any specifications of error in the abstract. No such specifications being required in the statement or abstract, the rule is satisfied by a proper reference in the assignment of error to the page or pages of the abstract relating to the error assigned.
Appeal from district court, Pembina county; O. E. Sauter, Judge.
Ira Weltner was convicted of grand larceny, and appeals from the judgment of conviction. Reversed.John D. Stack, for appellant. J. H. Bosard, for respondent.
This record discloses that the defendant was convicted of the crime of grand larceny, and from the judgment of conviction the defendant has appealed to this court. The single point of error assigned in this court by the defendant rests upon the following facts: The defendant was arrested on a criminal warrant charging him with the commission of said offense, and was brought by the officer who made the arrest before Grant S. Hager, Esq., a justice of the peace of said county, who issued the warrant. As to what occurred in the justice's court, the entries in the docket of the justice will best disclose. Said entries are as follows: The examination proceeded before said justice of the peace, and resulted in holding the defendant to bail to answer for said offense before the district court. No other examination was ever had of the accused, and it is not claimed that this case comes within the exceptions named in the statute in which an examination is unnecessary. The state's attorney of Pembina county filed an information in the district court, charging the defendant with said offense; and, upon being arraigned thereon, the defendant's counsel, before pleading, moved to quash said information upon...
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