State v. Webb
North Dakota Supreme Court
Appeal from tbe District Court of Ward County, Leighton, T. Defendant was convicted of keeping and maintaining a common nuisance, as a second offense, and appeals.
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Appeal from tbe District Court of Ward County, Leighton, T. Defendant was convicted of keeping and maintaining a common nuisance, as a second offense, and appeals. An information charging the defendant with the crime or keeping and maintaining a common nuisance, under the Prohibition Law, which in its charging clause goes entirely outside the record as to dates, as. disclosed by the preliminary examination, and alleges like offenses to have been committed by defendant between different dates than those mentioned in the complaint, and covered by the preliminary examination, is bad and should…
1Opinion of the CourtChristianson, J.
The defendant was convicted in the district court ■of Ward county of the crime of keeping and maintaining a common nuisance, as a second offense, contrary to the provisions of the so-called Prohibition Law. This appeal is taken from the judgment of conviction.
The material facts are as follows: On November 30th, 1915, a criminal complaint was filed before a justice of the peace in Ward county, *238charging “that Oser W. Webb did on the 6th day of November, a. d. 1915, at the town of Minot, in said county and state, commit the crime of keeping and maintaining a common nuisance as a second offense,…
2Cases cited4 opinions
- State v. RozumNorth Dakota Supreme Court · 1899
- State v. MarkusonNorth Dakota Supreme Court · 1897
- State v. BloomdaleNorth Dakota Supreme Court · 1910
- State v. WinbauerNorth Dakota Supreme Court · 1910
3Cited by20 opinions
- Parke v. RaleySupreme Court of the United States · 1993
- People Ex Rel. Prisament v. BrophyNew York Court of Appeals · 1941
- State v. FlathNorth Dakota Supreme Court · 1931
- State v. RubleNorth Dakota Supreme Court · 1950
- State v. DingerNorth Dakota Supreme Court · 1924
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