State v. Lonne
North Dakota Supreme Court
Appeal from District Court, Griggs county; Winchester, J. George R. Lonne was convicted of embezzlement, and appeals. Where the statute enumerates several acts disjunctively which separately or together constitute an offense, if the indictment or information charges more than one of them, it must do so conjunctively. People v. Cooper, 53 Cal. 47; People v. Frank, 28 Cal. 507; People v. De La Guerra, 31 Cal. 460; Wharton’s Cr. PI. & Pr.
Read the full summary
Appeal from District Court, Griggs county; Winchester, J. George R. Lonne was convicted of embezzlement, and appeals. Where the statute enumerates several acts disjunctively which separately or together constitute an offense, if the indictment or information charges more than one of them, it must do so conjunctively. People v. Cooper, 53 Cal. 47; People v. Frank, 28 Cal. 507; People v. De La Guerra, 31 Cal. 460; Wharton’s Cr. PI. & Pr. (9th Ed.) 161. The information states two different ways of committing the same offense, which is permitted. Rev. Codes 1899, section 8042. State v. Watrous,…
1Opinion of the CourtMorgan, C. J.
The defendant was convicted of the crime of embezzlement and appeals from the order denying' his motion for a new trial. Upon his arraignment in district court, the defendant demurred to the information upon the ground, among others, that the facts stated therein did not constitute the crime of embezzlement or any other public offense. The overruling of the demurrer is specified and assigned as error in this court. The precise objection to the information is that the facts are therein stated in the alternative and that the facts are for that reason so indefinitely stated, that no crime is…
2Cases cited6 opinions
- Goodhue v. PeopleIllinois Supreme Court · 1879
- State v. FancherSupreme Court of Missouri · 1880
- Clifford v. StateWisconsin Supreme Court · 1871
- State v. DaleOregon Supreme Court · 1880
- State v. ClarksonSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. O'ConnorNorth Dakota Supreme Court · 1929
- RDB Thomas Road Partnership v. City of PhoenixCourt of Appeals of Arizona · 1994
- State v. GammonsNorth Dakota Supreme Court · 1934