The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-04-03
ANOTHER
TRIAL IS
ORDERED
Famous Sogge Case in Ben
son County, Reversed
BY Supreme. Court.
GIRL SERVED YEAR HERE
Mother of Infant Whom Two
Others Were Convicted
of Killing in Fargo
Home.
SPENT YEAR IN HOME.

Betsy sosqs Jones', principal in
the famous Seage case in Benson
county, In which the supreme court
yesterday ordered . new trial
spent year In the Florence Crit.
tenton home in Fargo under dis
her her Infant that Betsy JONES'
mother, Resnhild Jones, and her
husband, Elmer jones, were con-
Vieted Of killing.
Betsy Jones has not been In the
Florence crittenton home fer some
time past.
Bismarck, N. D.. April 3.-The most
notorious Sogge infanticide case, re-
Versed by the supreme court and then
reargued, is a second time reversed
and remanded for retriai In an opinion
Of the court written by Judge Chris
Hanson and handed down this after
noon.
This action originated in Benson
with the death Of an infant alleged to
have been born to Betsy sogge Jones.
husband, Elmer Jones, were held as
accomplices. The principal was
found guilty Of infanticide and the
other two ais acconnplices in the origin
al trial In the Towner county district
court, and the defendants then APP
pealed. After the supreme court had
reversed the findings Of the lower
court and remanded the case, it grant
ed O petition for reargument by the
state, and tcday's opinion Is on the
latter action.
The SYLLABUS follows:
State of North Dakota, plaintiff and
respondent, VS.. Rognhild Sogge, Elmer
Jones and Betsy Jones. defendants and
appellants. .~
Syllabus.
1. The expression, corpus deficit
as understood in cases Of homicide,
means the body Of the crime and con-
sists Of two component parts. the first
OF which is the death of the person al
legged to have been killed. and the
second, that such death was caused
through criminal agency.
2. Section 9459 Compiled Laws Of
1913 which provides that no person
can be convicted Of murder or man
slaughter unless the death of the per-
son alleged to have been killed ana
the fact of the killing are each estab-
lished as independent facts; the for
mer by direct proof and the latter be-
yond reasonable doubt; construed,
and held that the legislature used the
words direct proof" as the equivalent
Of, and @ synonym for, direct evil
dence."
8. evidence examined and held that
the court cannot say as matter OF
law that the corpus delicitt has not
been established.
4. 1t is held for seasons stated
in the opinion that the giving Of the
following instructions constituted
prejudicial error: "Circumstantial evil
dence alone is enough to support the
verdict OF guilty or any crime, pro-
vided the Jury believe beyond a reas-
enable doubt that the accused Is
builty under the evidence. No greater
quired where the evidence Is all cire
cumstantial than where it is direct,
for in either case the jury must be
convinced of the prisoners guilt be-
yond a reasonable doubt. The evil
dence OF circumstances is to be taken
by you the same as evidence OF d.
rect and positive acts. 1t is to be re-
ceived by you in the light of reason
in the light of actual results. All ev-
idence is more or less circumstantial,
all statements Of witnesses, all con-
illusions of jurors, are the results OF
inference. There is no ground Of dis
tinction between circumstantial and
direct evidence"
Appeal from district court, Towner
county. c. w. Buttz J.
Defendants were convicted of man
elauRnLST ana ITOHI the Judgment OIL
conviction and from the order denying
a new trial, they appeal.
Reversed.
Opinion Of the court by Christian
son, j.
Robinson, J.. concurs specially.
Torger Sinness and Clyde Duffy,
Minnewaukan, and Victor WARDROBE,
Leeds. attorneys for appellants.
T. III. Burke, states attorney Of Min
N 0F nrIf
Mont) e. r. Burke, Bismarck, and
VIM. LANCER, attorney general and D.
v. Brennan, assistant attorney gem
eraI. attorneys for respondent.