The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-01-10
SUPREME COURT
. From Grant County
The State Of North Dakota,
Plaintiff and Respondent
John ]. Hastings,
Defendant and Appclant

John ]. Hastings,
Defendant and Appellant
Syllabus: ID. Following the rule
laid down in State v. Hastings. decid-
ed at this term, the District Court
did not err in assuming jurisdiction
of the defendant, in refusing to per-
nit a change of plea, and in passing
sentence.
(2). An information which spcci-
fies all Of the statutory requirements
in the definition Of an Offense, in the
language of the statute, sufficiently
states a public offense, when assailed
for the first time by motion in arrest
of judgment.
s(3T. The fact that an information
maysb duplicitous is waived by fail
ure to demur, and cannot be raised
on a motion in arrest or Judgment.
Appeal from the District Court OF
Grant County, Hon. Thomas H. Pugh.
Judge.
AFFIRMED. Opinion Of the Court
by Burr, j. Burke, j., being disquali-
fled. did not participate, Hon. J. A.
Coffey, Judge Of the Fourth Judicial
District. sitting in his stead.
A. T. Faber, Bismarck, N. p, Attor-
ney for Defendant and Appellant.
J. K. Murray, States Attorney.
Mott, N. D., Geo. Shafer, Attor-
ney General, Bismarck, N. D., and
John F. Sullivan, Special Assistant,
Mandan, N. D., Attorneys for Plaia-
tiff and Respondent.
From Hettinger County
The State of North Dakota,
Plaintiff and Respondent.
49, VS..
John j. Hastings,
Defendant and Appellant.
Syllabus: a.. Where the defend
ant. after having pleaded guilty to
a felony, agrees in writing, as a
condition precedent for continuance
District Court in any County of the
judicial district where court is in
session and at time to be fixed
by the court, and the presiding judge
requires him to appear before the
district court of Hettinger County in
that district, said presiding judge
does not lose jurisdiction over the
defendant where the Judge to whom
the defendant is sent is one who has
been disqualified by reason of an
affidavit of prejudice; but retains
the right to pass sentence upon the
defendant in any within that judicial
district.
(2). Where under such circum-
stances, a defendant has invoked the
jurisdiction~of the court in a motion
for leave to change his plea he can
not raise the question of the juris-
diction Of the court to pass judgment
upon him on plea Of guilty.
80. An application on the part
of the defendant for leave to with
4 ri If Nv
pose of entering plea of not guilty
and for a trial on the merits is ad-
dressed to the sound discretion Of
the trial court. A plea Of guilty is
a conviction, and unless the dis
cretion Of the trial court has been
abused its decision will not be re-
versed. Record examined and it is
held that the trial court did not abuse
its discretion in refusing to permit
change of plea.
.(4). Where an information is as
sailed for the first time on a motion
in arrest Of judgment it's allegations
will be construed favorably toward
the State and If it states public
offense in the language of the statute
and. includes the necessary allega-
tions of the crime as defined in the
statute such motion should be denied.
Appeal from the District Court Of
Grant County. Hon. Thomas H. Pugh,
AFFIRMED. Opinion Of the Court
by leurr. j.. Burke, J. being disquali-
fled, did not participate, Hon. J. a.
Coffey, Judge Of the Fourth Judicial
District, sitting in his stead.
A. T. Faber. Bismarck, n. D. for
S.K. Murray, States Attorney,
Mott, Geo. r. Shafer, Attorney Cen
erals Bismarck, and John F. Sullivan,
Special Assistant, Mandan, N. D.,
Attorneys for Respondent.
Froa Wells Comfy
The First National Bank Of
Fesalnden. North Dakota.
PiaiatiH and Appellant
W.
Henxy N eiss. Magdslena Weiss
ard Hells County State Bank,
bsfsndssts and Respondents
~ "a sapitY ease, where : trial
~ 6go - demanded, this court u
- .beund ~ The findjnes of the
41fals eouYt. Nevertheless because
ri " superior advantages which
49, m coiart has 60 wsieh the svi-
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