N.D. Const. art. I, § 10 — Research
Indictment and Information. Text of the section: current and prior versions.
Every citing reference in the corpus: 11 court opinions and 0 Attorney General opinions. Counts include the section's pre-1981 designation (§ 8), era-gated by the renumbering crosswalk.
Generated from the citation graph of the validated corpus. Treatment groupings (construing / citing / recital) are heuristic reading aids, not editorial judgments — read the opinion before relying on any signal.
Cases by topic
Topics are machine-generated groupings of the citing references — reading aids, not editorial judgments. Documents cited after the last classification pass appear in the lists below until the next pass.
Prosecution by information rather than indictment
- State v. Bethke, 2009 ND 47 (2009, Kapsner, J.) · quotes the provision
- ¶ 11: “…State chose to initially charge Bethke by complaint. "The complaint is a written statement of the essential facts constituting the elements of the offense charged and is the initial charging document for all criminal offenses." N.D.R.Crim.P. 3(a). Article I, section 10 of the North Dakota Constitution provides, "offenses shall be prosecuted criminally by indictment or information." Rule 7(a)(1), N.D.R.Crim.P., provides: "All felony prosecutions in the district court must be by indictm…”
- State v. Moore, 2003 ND 83 (2003, Sandstrom, J.)
- State ex rel. Wenzel v. Langer, Governor, 1934 ND 60 (1934, Christianson, J.)
- State v. Rother, 1928 ND 52 (1928, Christianson, J.) · quotes the provision
- “…litia when in actual service in time of war or public danger. In all other cases, offenses shall be prosecuted criminally by indictment or information. The Legislative Assembly may change, regulate or abolish the grand jury system." North Dakota Constitution, § 8. In conformity with this constitutional provision the Legislature adopted a Code of Criminal Procedure. See section 10384 et seq., C. L. 1913. In such Code of Criminal Procedure the various sections quoted above (firs…”
- Wyldes ex rel. McLaughlin v. Patterson, 1915 ND 99 (1915, Bruce, J.) · construes, quotes the provision
- “…intended to be conveyed and actually conveyed by the sentence as a whole. If the same method employed by appellant's counsel in this case be adopted in construing the state Constitution, some rather startling results will be obtained. Thus the first clause of section 8 of the Constitution reads: "Until otherwise provided by law, no persons shall, for a felony, be proceeded against criminally." And the first clause of section 64 reads: "No bill shall be revised or amended." And the fir…”
Legislative control of the grand jury system
- Hennebry v. Hoy, 1983 ND 221 (1983, Erickstad, J.)
- State v. Nordquist, 1981 ND 124 (1981, VandeWalle, J.) · quotes the provision
- “…visions of the Constitution is to those sections as numbered by the Legislative Council pursuant to the authority of Section 46-03-11.1, N.D.C.C. It is clear that, like the Fifth Amendment to the United States Constitution, considered in Costello, Article I, Section 10, of the North Dakota Constitution does not require that a defendant be allowed to challenge the sufficiency of the evidence considered by a grand jury. However, Article I, Section 10, of the North Dakota Constitution, u…”
- State ex rel. Ilvedson v. District Court in and for Ward County, 1940 ND 17 (1940, Christianson, J.)
- State ex rel. Jacobson v. District Court of Ward County of the Fifth Judicial District, 1938 ND 14 (1938, Christianson, J.) · quotes the provision
- “…ut whether the business is completed or not, they are discharged by the final adjournment of the court." Section 10655 was inherited from the Territory of Dakota and first appears as section 183 of the Code of Criminal Procedure, Revised Codes of Dakota 1877. Section 8 of the Constitution provides: "The legislative assembly may change, regulate or abolish the grand jury system." Pursuant to this constitutional provision the Legislature enacted chapter 71, Sess. Laws 1890, entitled: "A…”
Courts-martial and the militia exception
- State ex rel. Poole v. Peake, 1912 ND 3 (1912, Fisk, J.) · quotes the provision
- “…eal. Relator's chief contention is that he was not amenable to a court-martial at all, because he was not a militiaman in active service, and there was no war or public danger. In other words, he plants himself squarely on the constitutional guaranty found in section 8 of the state Constitution, and also in the fifth amendment to the federal Constitution. Section 8 reads: "Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally, otherwise than b…”
Other applications
- State v. Planz, 1981 ND 60 (1981, VandeWalle, J.)
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