38 N.W.2d 722 (N.D. 1949), 217, State v. Gulke

Citation: 38 N.W.2d 722, 76 N.D. 653

Opinion Judge: Morris

Party Name: STATE v. GULKE.

Attorney: F. J. Graham, Ellendale, for defendant and appellant. [7] F. J. Graham, for appellant. [8] Lesser crimes are not to be included unless demanded by the plain provision of a statute, or the facts developed at the trial bring the case within the definition of the lesser crime. 31 CJ 857,

Judge Panel: CHRISTIANSON, J., dissenting. BURR, J., did not participate. CHRISTIANSON, Judge (dissenting).

Case Date: Tuesday August 09, 1949

Court: North Dakota Supreme Court