Page:North Dakota Reports (vol. 48).pdf/396

 admission of guilt is made by me after mature deliberation, and without any promise of clemency or favor of any sort.

“Dated this 13th day of May, 1920.

“(Signed) Henry Layer.

“Witnesses:

“O. H. Stefferud.

“E. F. Hezner.”

After the filing of the information, and prior to the time of the entry by the defendant of his plea, he was examined at great length by the trial court with reference to his legal rights where charged with such a serious crime. The court called his attention to the gravity of the crime with which he was charged, and that it was punishable by a very severe penalty. It informed him further of his right to the services of a lawyer who would appear for him. The defendant admitted he knew that the crime of murder in the first degree was a very serious one, and punishable by a severe penalty. He answered in the negative when asked if he wanted a lawyer, and stated several times in answer to questions that he did not want a lawyer. He was then arraigned, and entered his plea of guilty. Thereafter, and prior to the passing of sentence, the court entered into an extended examination of the defendant, making many inquiries with reference to the defendant’s connection with the commission of the crime. The defendant at that time was also informed by the court that it was not necessary for him to answer questions about to be asked unless he desired to do so. His answers to these questions in substance affirm the truth of the matters stated in his written confession.

On this appeal, the defendant assigns four errors, all of which have been carefully considered. Two of them only need discussion. The first relates to the refusal of the court to grant a new trial on the grounds of newly discovered evidence. It impresses us as having no great weight.

John Hofer, in his affidavit, states:

“That on or about the 13th day of November, 1920, this affiant was repairing a water tank near the house when his little daughter, Martha Hofer, who was then about four years old came running up to him, holding in her hand a 12-gauge black shotgun shell and a woman’s dust cap, upon which there were blood stains, and said to him, ‘Look here what I found;’ she then led this affiant to the place where