State v. Currie
North Dakota Supreme Court
Appeal from District Court, Walsh County; Pollock, J. Charles Currie was convicted of maintaining a liquor nuisance, and appeals. The Court was without juxdsdiction to try the defexrdant on a legal holiday, viz: the day for holding annual township meetings. § § 5124, 2540, Rev. Codes. It was error for the Court to instruct the jury that beer is intoxicating and that the burden was on defendant to show that the beer sold was non-intoxicating.
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Appeal from District Court, Walsh County; Pollock, J. Charles Currie was convicted of maintaining a liquor nuisance, and appeals. The Court was without juxdsdiction to try the defexrdant on a legal holiday, viz: the day for holding annual township meetings. § § 5124, 2540, Rev. Codes. It was error for the Court to instruct the jury that beer is intoxicating and that the burden was on defendant to show that the beer sold was non-intoxicating. It is not within the power of the legislature to say that noxx-intoxicating beers are intoxicating. There are both intoxicating axxd non-intoxicating…
1Opinion of the CourtBartholomew, C. J.
The defendant has been informed against, tried, convicted, and sentenced for the offense of keeping and maintaining a common nuisance. The state’s attorney moved the case for trial on the first Tuesday in March, 1899. The defendant objected to going to trial on that day on the ground that it was a legal holiday. Sec. 5124, Rev.-Codes, declares every day to be a holiday “on which an election-is, held throughout the state.’’ Section 2540, Id., reads: “The citizens of the several townships of this state qualified to vote at general elections shall annually assemble and hold township meetings in…
2Cases cited1 opinion
- Ingwaldson v. SkrivsethNorth Dakota Supreme Court · 1899
3Cited by3 opinions
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904
- State v. BallNorth Dakota Supreme Court · 1909
- Ingwaldson v. SkrivsethNorth Dakota Supreme Court · 1899