Legal Opinion

State v. Winbauer

North Dakota Supreme Court

Decided December 21, 1910PublishedCited by 9 opinions

'Appeal from District Court, Morton county; Crawford, J. Joseph Winbauer was convicted of maintaining a common nuisance: in violation of the prohibition law, and he appeals.

1Opinion of the CourtSpalding, J.

This is an appeal from a judgment of conviction of the defendant at the May, 1910, term of the district court of Morton: county, of the offense of keeping and maintaining a public nuisance,, contrary to the provisions of the so-called prohibitory law.

*163Neither the evidence nor the instructions of the court are before us. The motion to set aside the information disposes of the appeal. The motion was based upon the ground that the defendant had not had any preliminary examination before a magistrate as to any public offense charged in the information as having been committed since and subsequent…

2Cases cited3 opinions

  1. State v. RozumNorth Dakota Supreme Court · 1899
  2. People v. ChristianCalifornia Supreme Court · 1894
  3. State v. DellaireNorth Dakota Supreme Court · 1894

3Cited by9 opinions

  1. State v. WebbNorth Dakota Supreme Court · 1917
  2. State v. HartNorth Dakota Supreme Court · 1915
  3. Posey v. Adam Schaaf Co.Court of Appeals of Texas · 1916
  4. State v. BoehmNorth Dakota Supreme Court · 1938
  5. State v. RileyNorth Dakota Supreme Court · 1913

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