Legal Opinion

State v. Burcham

North Dakota Supreme Court

Decided January 12, 1920PublishedCited by 3 opinions

Criminal action for maintaining a common nuisance in District Court, Richland County, Allen> J. Erom a judgment of conviction the defendant has appealed. This court will not review sufficiency of evidence in the absence of a motion for a new trial. 17 O. J. 89; 12 Cyc. 813, 823. Weight of evidence is for jury.

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Criminal action for maintaining a common nuisance in District Court, Richland County, Allen> J. Erom a judgment of conviction the defendant has appealed. This court will not review sufficiency of evidence in the absence of a motion for a new trial. 17 O. J. 89; 12 Cyc. 813, 823. Weight of evidence is for jury. State v. Reilly, 25 N. D. 339; State v. Gless, 29 N. D. 620; 12 Cyc. 731, 906, 907; Birmingham v. State (Wis.) 129 N. W. 670; Burnett V. State (Neb.) 130 N. W. 263; People v. Bowers (Cal.) 52 Pac. 553.

1Opinion of the CourtBronson, J.

In the trial court the defendant was convicted of maintaining a common nuisance. He has appealed from the judgment therefor upon the sole ground that the evidence is insufficient to justify the verdict of guilty rendered.

The information charges the defendant and one McDonald with keeping and maintaining a place at Hankinson, between January 5, 1913, and June 1, 1914, where intoxicating, liquors were kept for sale and sold, and where persons resorted for purposes of drinking the same as a beverage, contrary to the statute. The defendant alone was tried.

The evidence discloses that, during the…

2Cases cited5 opinions

  1. State v. RozumNorth Dakota Supreme Court · 1899
  2. Scott v. StateNorth Dakota Supreme Court · 1917
  3. State v. WheelerNorth Dakota Supreme Court · 1917
  4. State v. KruseNorth Dakota Supreme Court · 1909
  5. State v. CornSupreme Court of Kansas · 1907

3Cited by3 opinions

  1. State v. UglandNorth Dakota Supreme Court · 1922
  2. State v. ThompsonNorth Dakota Supreme Court · 1928
  3. State v. LarsonNorth Dakota Supreme Court · 1953

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