State v. Kent
North Dakota Supreme Court
62 N.W. 631 (1895)
- Written by Sharon Feldman, JD
Facts
Myron Kent (plaintiff) was convicted of murder. The state’s attorney was assisted at trial by Nye, a citizen and member of the bar of Minnesota, who was retained by the victim’s brothers to assist in the prosecution. Nye had neither been paid nor discussed fees with his clients but told the trial judge he presumed he would be compensated for his services. The state’s attorney stated in court that he had physical ailments and wanted Nye to assist him. Nye was permitted to assist in the trial over the objection of Kent’s counsel. Kent obtained a writ of error and argued that the trial judge erred in permitting Nye to assist because Nye was employed by private individuals and was neither a resident nor a member of the bar of North Dakota.
Rule of Law
Issue
Holding and Reasoning (Corliss, J.)
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