Legal Opinion

State v. McNulty

North Dakota Supreme Court

Decided December 6, 1897PublishedCited by 11 opinions

Appeal from District Court, Barnes County; Glaspell, J. Patrick M. McNulty was convicted of conducting a liquor nuisance, and appealed.

1Per curiam

The question of right to a jury trial is not raised in this case, nor was defendant charged with a second offense; otherwise the law points raised are identical with those raised in State v. Markuson, 7 N. D. 155, 73 N. W. Rep. 82, and that case must rule this unless the facts differentiate them. The record shows this to be a companion case to the Markuson case. The original actions were commenced at the same time, the papers were served the same morning, and by the same officer. The injunctional orders and the search warrants are identical, except as to parties defendant, and the description…

2Cases cited4 opinions

  1. State v. BeckerSouth Dakota Supreme Court · 1892
  2. State v. MarkusonNorth Dakota Supreme Court · 1897
  3. Stickrod v. CommonwealthCourt of Appeals of Kentucky · 1887
  4. Otto Gas Engine Works v. KnerrNorth Dakota Supreme Court · 1897

3Cited by11 opinions

  1. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  2. Commonwealth v. GoldburgCourt of Appeals of Kentucky · 1915
  3. State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
  4. McSherry v. HeimerSupreme Court of Minnesota · 1916
  5. State v. WilliamsNorth Dakota Supreme Court · 1967

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