State v. Dellaire
North Dakota Supreme Court
Error to District Court, Stutsman County; Rose, J. F. W. Dellaire was indicted for keeping and maintaining a common nuisance. A demurrer to the indictment was sustained, and the state brings error. It is unnecessary to state the names of the persons to whom liquor is sold. People v. Sweetser, 1 Dak. 308; Whart. Cl. and PL Pr. 155, 251; Whart. Cr.
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Error to District Court, Stutsman County; Rose, J. F. W. Dellaire was indicted for keeping and maintaining a common nuisance. A demurrer to the indictment was sustained, and the state brings error. It is unnecessary to state the names of the persons to whom liquor is sold. People v. Sweetser, 1 Dak. 308; Whart. Cl. and PL Pr. 155, 251; Whart. Cr. Law, 2445; Black on Intoxicating Liquors, 464. Where the offense charged is the keeping and maintaining a common nuisance, a particular sale is not the gravamen of the offense. Black on Intoxicating Liquor, 481, 486; Skinner v. State, 22 N. E. Rep.…
1Opinion of the CourtBartholomew, C. J.
The state sued out a writ of error from an order sustaining the defendant’s demurrer to an indictment, which, omitting the formal parts, charged the defendant with “the crime of keeping and maintaining a common nuisance, committed as follows: The said F. W. Dellaire and Charles White, on the 1st day of January, A. D. 1892, and at divers times up to and including January 10th, 1894, in this' County of Stutsman and State of North Dakota, did keep a place, to-wit, the certain brick building known as the ‘Tom Driscoll Building,’ situated on lot 8 in block 24, according to the original plat of the…
2Cases cited3 opinions
- McLaughlin v. StateIndiana Supreme Court · 1873
- Skinner v. StateIndiana Supreme Court · 1889
- State v. FreemanSupreme Court of Iowa · 1869
3Cited by7 opinions
- State v. MarkusonNorth Dakota Supreme Court · 1897
- State v. ThoemkeNorth Dakota Supreme Court · 1903
- State v. WinbauerNorth Dakota Supreme Court · 1910
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904
- State v. KruseNorth Dakota Supreme Court · 1909
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