State v. Rozum
North Dakota Supreme Court
Appeal from District Court, Walsh County; Sauter, J. Joseph Rozum was convicted of keeping and maintaining a common nuisance, and appeals. The information laid before the committing magistrate was insufficient because it did not particularly describe the place where the liquor was kept. § § 7601, 7602 and 7614, Rev. Codes.
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Appeal from District Court, Walsh County; Sauter, J. Joseph Rozum was convicted of keeping and maintaining a common nuisance, and appeals. The information laid before the committing magistrate was insufficient because it did not particularly describe the place where the liquor was kept. § § 7601, 7602 and 7614, Rev. Codes. The information before the committing magistrate not stating a public offense there is no base upon which to rest the information upon which defendant was convicted. Every element of the offense defined by the statute must be covered in the information by positive averment.…
1Opinion of the CourtBartholomew, C. J.
The defendant has been convicted of the crime of keeping and maintaining a common nuisance, as a second offense, and has been sentenced to- imprisonment in the penitentiary. He appeals from the judgment.
In his first assignment of error he urges that he has never had or waived a preliminary examination for the offense for which he was convicted or for any offense. The facts are that a complaint against the defendant, attempting to set out the offense of keeping and maintaining a nuisance, was filed' by the proper state’s attorney before a committing magistrate, and a warrant issued thereon.…
2Cases cited11 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- People v. TarboxCalifornia Supreme Court · 1896
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- People v. WallaceCalifornia Supreme Court · 1892
- People v. ChristianCalifornia Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Kemper v. StateCourt of Criminal Appeals of Texas · 1911
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. NyhusNorth Dakota Supreme Court · 1909
- Great American Insurance Company v. Sam HorabCourt of Appeals for the Eighth Circuit · 1962
- State v. ConstantineWashington Supreme Court · 1908
35 more not listed; retrieve them via the Exa API.