Page:North Dakota Reports (vol. 48).pdf/390

 against other defendants, shall be tried in the county designated in the complaint. § 7417, C. L. 1913, provides that—

“In all other cases, subject to the power of the court to change the place of trial as provided by statute, the action shall be tried in the county in which the defendant or some of the defendants reside at the time of the commencement of the action.”

No repealing clause of any kind was attached to chap. 3, Laws 1919. The act should not be extended by construction to deprive a private defendant of his statutory right to the trial of the cause of action against him in the county of his residence, where the domestic corporation consents thereto. It readily follows that the trial court did not err in transferring the entire cause of action, thus framed, to Grand. Forks county. The order is affirmed.

, C. J., and, , , JJ., concur.

STATE OF NORTH DAKOTA, Respondent, v. HENRY LAYER, Appellant.

Criminal law—defendant convicted of murder on his plea of guilty.

1. The defendant was arrested and duly charged by a written information filed in the District Court of McLean county, North Dakota, with the commission of the crime of murder in the first degree. After his arrest, and before the filing of the information, he made a written confession of guilt, admitting therein that he killed Jacob Wolff, with whose murder he was charged by the information, and further admitting that he also killed Jacob Wolff’s five children and Jacob Hofer, the hired chore boy. He states that Mrs. Wolff was killed by the discharge of a certain shot gun when he was endeavoring to take the same away from Jacob Wolff. After the entry of his plea of guilty, the Court made and entered a judgment of conviction, and thereafter sentenced defendant to the state penitentiary at Bismarck, North Dakota, for the term of his natural life.

Criminal law—defendant convicted of murder on plea of guilty moved for new trial.

2. Thereafter defendant made a motion for a new trial and appealed from the judgment of conviction. The basis of the motion wag that the