Page:North Dakota Reports (vol. 48).pdf/399

 fect that the appearance of defendant, his waiver of preliminary hearing upon the criminal complaint, and his trial under the criminal information were procured, and his plea of guilty ‘to the information made by him while under duress, intimidation, coercion, and fear. The defendant submitted several affidavits in support of the motion. To a large degree they detail what he maintains were his movements, and where he was all of the time on Wednesday, April 21st, the day before the crime, and on April 22d, the day of the crime, and on Friday and Saturday immediately thereafter. In his affidavit he states,

“That on Wednesday, April 21, the day before the murder was alleged to have been committed, I got up at the usual hour of about 5:30, did my chores, got breakfast, and spent the forenoon in cleaning my plow, and getting it ready for the field work of that day. I had an early dinner, hitched up my team, and started to plow about 12 o’clock. I plowed continuously until about 7 :30 in the evening, unhitched my team, came home, did my chores, ate supper, and went to bed. I was not away from my farm or off the premises during that day. On Thursday morning, the day the murder is alleged to have been committed, I got up at the usual hour of 3:30 o'clock, went to the barn, did my chores, harnessed six horses, had breakfast at about 7 o’clock, and immediately after breakfast hitched up my team and started to plow. I plowed continuously in the field near the house until about 12 o’clock, at which time I unhitched. I went to the house for dinner, put up my horses, gave them some hay, and went into the house to eat my own dinner. After I had finished eating, I went back to the barn and cleaned it, gave the horses some more hay before I went down to the well, a short distance north of the house, and pumped the tank full of water. I then returned to the house, stayed there until 2 or 3 o'clock; then hitched up my team and went to plowing again, and plowed continuously until about 7, when I unhitched and went home. I then did my chores, ate supper, and stayed home the rest of the evening. I never left my farm or premises at any time during the day of April 22d.”

The affidavits attempt to show that defendant was occupied on Thursday in the manner above stated, so that the inference would follow, that, if he were so engaged, he could not have been on Wolff’s farm on that day, and committed the crime with which he is charged and for which he has been convicted. It is here proper to notice that the time on Thursday between 12 and 3, when Layer states in his affidavit that he ate his dinner and stayed on his place during all of that time, is about the exact