The Bismarck tribune., 1929-02-25

il Decisions of
II Supreme Court
A. G. Divet. ct al, co-partners
as Divet. Shurc. Holt, Frame.
Murphy g. Thorp.
Plaintiffs and Respondents.
VS..
Roland ,Magill,
Defendant and Appellant
J.. Where two parties make parol
contract and disagree about its terms
1t Is not error for the court. In an
action to enforce said contract. to
state to the jury the version given by
each litigant and to explain the legal
effect Of the terms of the same, when
the court charges the jury that the
plaintiffs must prove by the prepon-
derance of the evidence that the con-
tract is as alleged by them.
g Rulings by the trial court in
the admission or rejection of evidence.
based upon the theory that the terms
Of All alleged contract arc as stated
by one or the other litigant. are not
for that reason erroneous when 1t Is
clear the parties did make a parol
contract but disagree as to the terms
of the same.
(Syllabus by the court.)
Appeal from the District Court Of
Ransom County, Hon. Geo. M. Nc
kcnna, Judge.
Affirmed.
Opinion of the court by Burr. J.
Divet. Shure, Holt, Frame, Murphy
g. Thorp. aud Lawrence, Murphy &;
Miles, of Fargo. NJ Dak.. attorneys
for plaintiffs and respondents.
Charles 8. Ego, OF Lisbon, N. OAK,
attorney for defendant and appellant.
State of North Dakota.
Plaintiff and Respondent.
VS..
Ed Keller,
Defendant and Appellant.
l. The defendant in a criminal
cause is ordinarily bound by any
course of action that is followed with
respect to his defense by counsel en-
ployed by him: but where he Is ignor.
ant of his rights and unacQuainted
with the course of procedure In GRIM
inal trials and during the trial his
counsel is SO incapacitated as not to
comprehend what is taking place and
the defendants rights are not SAFE
guarded SO that in effect he Is not
represented by counsel at all. the rule
does not apply and he is entitled to a
new trial
tSyllabus by the court.)
Appeal from the. District Court of
Ward County, Hon. John G. Lowe,
Judge.
Ed Keller convicted on charge of
engaging in the liquor traffic appeals
from the judgment Of conviction and
from an order denying his motion for
a new trial. &.
REVERSED.
Opinion of the court by Nuessle, j.
E. r. Sinkler and q. o. Brekke. Of
Minot. for appellant.
B. L. Wilson, States Attorney, of
Bowbells, for respondent.
State of North Dakota. plaintiff and
respondent. VS.. Dave Blum. Lyman
Brokaw and Lorenz Sowitcll, C..
PENDANTS: Lyman Brokaw and, I,or-
enz Sowitch, defendants and appel
lants
!. Where a defendant in a M
inal case Is detained in custody pur-
Suant to judgment of conviction duly
pronounced upon him, such detention
is by virtue Of the Judgment and SEN
tence, and the certified copy OF the
entry thereof upon the minutes Of
the court required by section lQ69l ),
G. L. 1913, to be furnished to the Of
ticer charged with the execution OF
the judgment, merely evidences the
officers authority
2. An undertaking OF bail condi-
toned that the defendant will at all
times hold himself amenable to the
orders and process of the court and
It convicted will appear for judgment
and render himself in execution
thereof" is not discharged where after
plea Of guilty the defendant appears
for sentence and sentence is i'm
FSsSAs 01AN V1lV oQtctyCo dIC n0OlI
thereon when the defendant fails to
comply with the order of the court
to surrender himself to the sheriff in
execution Of the sentence ard judg-
nent.
(Syllabus by the court) -.
Appeal from the district court Of
Williams county, Hon. Geo1ge II.
Moellring. judge. From . JUDGMENT
entered In sn action sgeinst thsu
as su}ettes on an undertaking of bali
the defendants 1roksv and sowttch
appeal.
Affirmed.
Opinion OF the court BY Nuessle. J.
A. ]. Knox, states attorney, OF tsi..-
liston, for respondent. Ivan v. Metz
ger Of Wllliston and Blirdick. SHAFT
z Burk Of Fargo tor appel&nts.
r. w. Whipple, ptaintiff md rsesspIond-
eut, ". tie First National Hank 81
Sleepy Eye. corporation, et q: d.
PENDANTS: @. 3. Griffin, gie1endant
and appellant. Il,
/. Whers TIE pasintaff calls .one
oeSendaut f0r croqo xnEna6a at1on mn
{ the statute .(oet1ion no. 0om-'