State v. Winney
North Dakota Supreme Court
Appeal from the County Court of Bottineau county; Kirk, J. The defendant was found guilty of keeping and maintaining a common nuisance, and appeals. The instructions should have been “wilfully and intentionally. ”" McPherrin v. Jones, 5 N. D. 261, 65 N. W. 685; State v. Campbell, 7 N. D. 58, 72 N. W. 935; State v. Johnson, 14 N. D. 288, 103 N. W-565. “Evidence” should have been used, instead of “testimony.” 16 Cyc. Law & Proc. p. 849; Columbia Nat.
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Appeal from the County Court of Bottineau county; Kirk, J. The defendant was found guilty of keeping and maintaining a common nuisance, and appeals. The instructions should have been “wilfully and intentionally. ”" McPherrin v. Jones, 5 N. D. 261, 65 N. W. 685; State v. Campbell, 7 N. D. 58, 72 N. W. 935; State v. Johnson, 14 N. D. 288, 103 N. W-565. “Evidence” should have been used, instead of “testimony.” 16 Cyc. Law & Proc. p. 849; Columbia Nat. Bank v. German Nat., Bank, 56 Neb. 803, 77 N. W. 346. Corroboration may be by facts and circumstances. E. Dohman Co. v. Niagara E. Ins. Co. 96…
1Opinion of the Court
Morgan, Oh. J.
Defendant was convicted of unlawfully keeping a place where intoxicating liquors were sold and kept for sale, and where persons were permitted to resort for the purpose of drinking intoxicating liquors.
The errors relied on for a reversal relate to the instructions to the jury and the insufficiency of the evidence to sustain the verdict. The -court instructed the jury that, if any witness had “wilfully testified falsely,” they were at liberty to wholly disregard his testimony, “except :SO far as the same is corroborated by other credible testimony in the -case.” The contention so…
2Cases cited5 opinions
- State v. CampbellNorth Dakota Supreme Court · 1897
- McPherrin v. JonesNorth Dakota Supreme Court · 1895
- Robert Burgess & Son v. AlcornSupreme Court of Kansas · 1907
- Malinowski v. Detroit United RailwayMichigan Supreme Court · 1908
- State v. JohnsonNorth Dakota Supreme Court · 1905
3Cited by3 opinions
- Roberts v. CarlsonNebraska Supreme Court · 1943
- Crosby v. StateSupreme Court of Florida · 1925
- State v. ReillyNorth Dakota Supreme Court · 1913