Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-20
SUPREME COURT DECISIONS.

4
SUPREME COURT DECISIONS.
Decisions In Two Cases Handed Down
BY the Supreme Court.
Two decisions were filed today by
the supreme court. One of them wasl
the case of Martin Mattison, Erick1
Mattison and Lye Storby, convicted OIL
shooting with attempt to kill, in the
district court of Ward county. 4
The three defendants were arraigned
on an information which was apparent
ly designed to charge them jointly
with the crime of shooting another
with intent to kill, as defined in sec-'l
ton Ills, Revised Codes. They de-
INJURED to the information and thereby
challenged its suficiency because it
did not substantially conform to the
requirements of the code of criminal
procedure and charged more than one
offense. The demurrer was over-ruled
and the defendants entered pleas of
not guilty The jury returned YER
dict finding the three defendants
guilty of assault with dangerous
weapon with intent to do bodily harm,
without justifiable or excusable cause"
A motion in arrest of judgment hav-
ing been denied. the defendants were
each sentenced to Imprisonment in
the penitentiary for one year, eighteen
months, and three years respectively.
The defendants have appealed from
the judgment.
The Judgment is reversed and the
trial court is directed to set aside the
judgment and verdict and quash the
information and to make such further
order permitting another information
to be filed. or such further proceedings
to be had, as may be consistent with
the demands of justice and the pro-
visions of the law.
The syllabus is as follows:
II. Where the defendant in
criminal case is accused of shooting or
attempting to shoot with intent to
kill, or of shooting or attempting to
shoot with intent to do bodily harm,
CRevised Codes, section Ills and
7145), verdict for assault with
deadly weapon with intent to do bodi-
ly harm will not warrant sentence for
more than simple assault.
"2. An information which purports
to charge single offense but in stat
ing the facts and circumstances alleg-
ed to constitute such crime unneces-
sary alleges matters of aggravation
which sufficiently describe one or more
other crimes not necessarily included
in the one offense intended to be
charged is bad for duplicity.
"3. Manning is not an offense in
cluded in the crime of shooting with
intent to kill.
"a. Where an information definitely
purports to charge given offense,
but is duplicitous and it clearly ap-
pears from the record that the defend
ants, Notwithstanding their objection,
were compelled to submit to a trial
for the offense which the information
purported to charge, on the erroneous
theory that the other offense was one
included in the crime which the infor-
nation puTported to allege, the objec-
ton for duplicity cannot be avoided
even though the information discloses
sufficient charge of a third offense
which might be construed to include
to two former.
Appeal from the district court of
Ward county, L. ]. Palda, jr., Judge
LeSueur & Bradford for appellants.
James Johnson, states attorney of
Ward county, for respondent.
Opinion by Engerud, j. 80
Hardware Company w. Bank.
In the case of the Marshall-Wells
Hardware Company. against the New
Era Coal Company, ct AL, and the
Second National Bank OF Minot, APP
pealed from the district court OF Cass
county. This was 9 suit brought
against the Coal Company for mer-
chandise furnished. The Bank was
also q creditor Of the Coal company
and had started action to recover. The
action In this case asked that all
creditors exhibit Chains and become
parties and that all proceedings by
other creditors ne restrained. Judge
Pollock granted an Injunction restrain