grounds upon which the motion will be made. The object being to give the opposite party time to prepare for the motion, the notice of intention mast be given before the court can entertain the motion for a new trial. The defeated party may appeal from the judgment, and, in connection with such appeal, may appeal from and review the order refusing a new trial. The appeal from, the judgment does not depend upon the motion for a new trial. It is undoubtedly the intention of the statute that the question of the insufficiency of the evidence can only be raised by a motion for a new trial. Judgment affirmed.
Francis, J., dissenting; Tripp, C. J., counsel below, not sitting.
Territory v. Miller.
1. Criminal law—murder-plea of guilty—death penalty—Section 249, pen. code dak., and section 1, act February 21, 1883.
Under Section 249 of the Penal Code of Dakota, as amended by Section 1, of the act of February 21, 1883, whore an accused pleads guilty to the charge of murder as charged in the indictment, the court may sentence him to death.
2. Same—plea of guilty admits truth of indictment.
By a plea of guilty a defendant confesses the indictment to be wholly true, and therefore that his guilt is that charged, and not a less degree.
Filed May 25, 1886.
Error to district court, Grand Forks county.
C. B. Pratt, for plaintiff in error.
Geo. Rice, Att'y Gen., and W. A. Selby, Dist. Att'y, for the territory.
Church, J. On the sixth day of August, 1885, the grand jury of Grand Forks county returned to the district court an indictment charging the plaintiff in error, George Miller, with the crime of murder, committed upon one Abbie Snell, January 24, 1885. Upon this indictment Miller was duly arraigned, and certain preliminary proceedings were had, in the course of
