State v. Wisnewski
North Dakota Supreme Court
Appeal from District Court, Walsh county; Kneeshaw, J. Lawrence Wisnewski was convicted of keeping a nuisance, and appeals. The place in which a common nuisance is maintained is of the substance of the charge and must be correctly described, or the complaint affords no basis for a preliminary examination. And an information for an offense for which accused has had no preliminary examination confers no jurisdiction upon the district court.
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Appeal from District Court, Walsh county; Kneeshaw, J. Lawrence Wisnewski was convicted of keeping a nuisance, and appeals. The place in which a common nuisance is maintained is of the substance of the charge and must be correctly described, or the complaint affords no basis for a preliminary examination. And an information for an offense for which accused has had no preliminary examination confers no jurisdiction upon the district court. White v. State, 44 N. W. 443; State v. Barnes, 3 N. D- 131, 54 N. W. 541; People v. Howland, 44 Pac. 342; 14 Cent. Dig., c. 643. There must he some…
1Opinion of the CourtMorgan, C. J.
The defendant was convicted of keeping and maintaining a common nuisance, in violation of the provisions of section 7605, Rev. Codes 1899, and appeals from the judgment of conviction.
The first assignment of error is upon the refusal of the district court to set aside the information upon motion made for that purpose before the defendant pleaded to the same. Such motion was based upon the following facts: The defendant was arrested upon a warrant in justice’s court, based upon a complaint alleging that the defendant did on and between certain days keep and maintain a common nuisance in the…
2Cases cited14 opinions
- People v. SeamanMichigan Supreme Court · 1895
- State v. BaileySupreme Court of Kansas · 1884
- State v. RozumNorth Dakota Supreme Court · 1899
- Routt v. StateSupreme Court of Arkansas · 1896
- State v. WeemsSupreme Court of Iowa · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. GoyetSupreme Court of Vermont · 1957
- State v. CurrieNorth Dakota Supreme Court · 1905
- State v. JochimNorth Dakota Supreme Court · 1927
- State v. RudolphNorth Dakota Supreme Court · 1977
- State v. SimpsonNorth Dakota Supreme Court · 1951
17 more not listed; retrieve them via the Exa API.