The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-01-11
] Court Decisions
From Bowman County,

state OF North Dakota,
Plaintiff and Respondent.
VS..
George Hanson,
Defendant and Appellant.
SYLLABUS:
|, To render a dying declaration
admissible in evidence it must be
shown that the deccdent was pos
sessed with consciousness of inn
however, need not appear from the
declaration itself; but may be in-
ferred from all the circumstances.
So sense Of impending death may
he shown by the conduct and condi-
ton Of the declarant, and the nature
and extent Of his wounds. ut the time
the declaration was made.
=. In prosecution for homicide
the court did not err in admitting
evidence tending to show that some
thirteen months before the commis-
sion Of the alleged offensc the de-
PENDANT made certain threats against
the dcccdent. The remotencss Of such
threats in point Of time is Il matter
for consideration in dcterminin" the
weight Of the evidence, but does not
affect the competency or relevancy
thereof.
;. For reasons stated in the onn-
ion, it is held that certain assign
mcnts of error prcdicatcd upon the
instructions To the jury are without
merit.
4. For reasons stated in the opin-
ion it is held that certain remarks
made by the trial judge to the jury
were non-prcjudicial.
). Where. in II criminal action the
Nain charge to the jury is in writ
ing. and the jury after retirement
and dclibcrati0n returns and asks for
further instructions; and, the trial
Rnt and his counsel asks if there is
any objection to such additional in
structions being given orally, and no
objection whatever is offered. there
is waiver on the part of the de-
fendant to the right to written in
struction. and no error can be<pre-
Dictated coon the manner in which
such additional instructions were
given. State vs.. Mitchcll-N. D.
1913 N. W. $40, distinguished.
Appeal from the District Court of
Bowman county, Hanlcy, Judge.
George Hanson was convicted Of
manslaughter in the second degree
and appeals.
AFFIRMED.
Opinion Of the Court by Christian
son. CHI. j.
Simpson & Mackoff. Dickinson. N.
D.. and +. M. Jackson, Hettinger, N.
OAK. attorneys for appellant.
George F. Shafcr. Attorney General.
Bismarck. N. D., and NJ E. Remmen,
States Attorney Of Adams County.
Hcttinger, N. d.. attorneys for re-
spondcnt. (E. T. Burke, Bismarck.
N. d., of COunsel)
From La MOurc County.
State of North Dakota,
Plaintiff and Respondent.
VS..
Raymond w. Craig.
Defendant and Appellant.
SYLLABUS:
]. Where a defendant in a Grim
jnal action files an affidavit of pre-
JUDGE against the county and against
the judge who would preside at the
trial. it is the duty Of tho court to
order the action removed for trial
to some other county and to arrange
for and procure some other. judge
than the one objected to. (Section
1906. C. L. 1879
for u change Of placc'of trial and for
change Of judges at the instance
of the defendant filing affidavits' Of
prejudice against tho county and the
judge. is not repealed by Chapter 1
OF the Session Laws Of 1919. Chapter
129 OF the Session Laws Of 1927 or
by Chapter 331 Of the Session Laws
of 1923. which provide for the dcsig-
nation by the Supreme Court Of
trial judge, where affidavits of pre-
JUDGE arc filed against the judge to
preside.
Z. The defendant was prosecuted.
under Section 1908 of the Compiled
Laws Of 1913, for the making of
false entry in record Of the min
utes Of the board Of directors of
bank with intent to conceal prior mis-
conduct. 1t is held, for reasons stat
ed in the opinion. that the informa-
ton states q penal offcnsc within the
statute.
4. The evidence is examined and
held to be sufficient to support the
judgment of conviction.
Appeal from the District Court of
La Moure County. Hon. M. j. Eng
lcrt, Judge.
AFFIRMED.
Opinion of the court by Birdzcll, J.
Francis j. Murphy and w. II. Bar
nett, Fargo, N. OAK. attorneys for
appellant
George +. Shafcr, Attorney General,
Scott Cameron. Special Assistant At
torncy General, Bismarck, N. OAK;
Charles S. Ego, States Attorney, Lis
bon. N. OAK, and Chas. G. Bangcrt,
Special Assistant States Attorney,
Enderlin, N. OAK, Attorneys for Re-
spondcnt.