STATE v. JAGER

Cr. No. 284.

91 N.W.2d 337 (1958)

STATE of North Dakota, Plaintiff and Respondent, v. Joseph E. JAGER and James Forrest Stewart, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied August 16, 1958.


Attorney(s) appearing for the Case

Duffy & Haugland, Devils Lake, for appellants.

Ralph J. Erickstad, Sp. Asst. State's Atty., Devils Lake, and Philip R. Bangs, Sp. Asst. State's Atty., Grand Forks, for respondent.


GRIMSON, Chief Justice.

This matter comes before the court on a motion for a new trial on the grounds of newly discovered evidence. The defendants were originally tried on a charge of grand larceny. On Feb. 26, 1954, both defendants were found guilty. A motion for a new trial was immediately made and heard on March 20, 1954, denied on April 26, 1954. No appeal was taken. A second motion for a new trial was made on Dec. 26, 1955, on the grounds of newly discovered...

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