State v. Kerr
North Dakota Supreme Court
Error to District Court, Griggs County; Rose, J. Theodore F.-Kerr was convicted of selling intoxicating liquors unlawfully, and brings error. The prosecution is not carried on in the name and by the authority of the State of North Dakota. Section 97, Art. 4 Const. Sainé v. State, 14 Tex. App. 144; Hay v. Peo., 59 111. 95; Cox v. State, 34 Am.
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Error to District Court, Griggs County; Rose, J. Theodore F.-Kerr was convicted of selling intoxicating liquors unlawfully, and brings error. The prosecution is not carried on in the name and by the authority of the State of North Dakota. Section 97, Art. 4 Const. Sainé v. State, 14 Tex. App. 144; Hay v. Peo., 59 111. 95; Cox v. State, 34 Am. Rep. 746; State v. Hazeldahl, 2 N. D. 521. The indictment charges both the sale and giving away in one count and therefore charges more than one offense, and is not direct and certain as regards the particular circumstances of the offense charged. State…
1Opinion of the CourtBartholomew, C. J.
This was a prosecution by indictment for a violation of the statute prohibiting the sale of intoxicants. The indictment was in the following words: “State of North Dakota, County of Griggs — ss.: District Court, Fifth Judicial District. The State of North Dakota v. Theodore F. Kerr. Indictment. The grand Jury of the State of North Dakota in and for the County of Griggs upon their oaths present that heretofore, to-wit: on the first day of May, in the year of our Lord one thousand eight hundred and ninety-three, at the County of Griggs, in said State of North Dakota, one Theodore F. Kerr, late…
2Cases cited13 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- People v. . CaseyNew York Court of Appeals · 1878
- Fahnestock v. StateIndiana Supreme Court · 1885
- Boldt v. StateWisconsin Supreme Court · 1888
- State v. CrimminsSupreme Court of Kansas · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Caples v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Bacon v. DavisCalifornia Court of Appeal · 1908
- State v. PirkeySouth Dakota Supreme Court · 1908
- State v. MarkusonNorth Dakota Supreme Court · 1897
- State v. BednarNorth Dakota Supreme Court · 1909
10 more not listed; retrieve them via the Exa API.