Scott v. State
North Dakota Supreme Court
Appeal from the County Court of Ward County, Murray, J. Defendant was convicted of the crime of keeping and maintaining a common nuisance in violation of the State Prohibition Law, and appeals. A defendant in a criminal case is entitled to have his case given to the jury under proper instructions as to the law, and where erroneous instructions are given, defendant has not had a fair trial.
Read the full summary
Appeal from the County Court of Ward County, Murray, J. Defendant was convicted of the crime of keeping and maintaining a common nuisance in violation of the State Prohibition Law, and appeals. A defendant in a criminal case is entitled to have his case given to the jury under proper instructions as to the law, and where erroneous instructions are given, defendant has not had a fair trial. Correct instructions given, but immediately followed by erroneous, instructions, entitle defendant to a new trial, for no one can say upon which the jury based their verdict. State v. Kruse, 19 N. D. 207,…
1Opinion of the CourtChristianson, J.
The defendant was tried and convicted of the crime of keeping and maintaining a common nuisance in violation of the *92provisions of the prohibitory law of this state, and appeals from the judgment of conviction.
The first error assigned is predicated upon the denial of defendant’s motion for an advised verdict of not guilty. The record shows that this motion was made at the close of plaintiffs’ case in chief; that after the denial of the motion, defendant introduced evidence, and that the motion was not renewed at the close of all the evidence. Hence, under numerous decisions of this court, the…
2Cases cited9 opinions
- State v. ReillyNorth Dakota Supreme Court · 1913
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- State v. CoosterSupreme Court of Iowa · 1860
- State v. ReyeltsSupreme Court of Iowa · 1888
- Bepley v. StateIndiana Supreme Court · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. MehraCalifornia Court of Appeal · 1925
- Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
- Jacobs v. City of CharitonSupreme Court of Iowa · 1954
- Schneider v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- State v. ThompsonNorth Dakota Supreme Court · 1938
6 more not listed; retrieve them via the Exa API.