State v. White
North Dakota Supreme Court
Appeal from tbe District Court of McLean county; Kneeshaw, J., after transfer from Burleigh, county, Winchester, J. Information alleging nuisance must describe the place. State v. Kozum, 8 N. D. 548, 80 N. W. 477. No judge against whom an affidavit of prejudice is filed can make further order than to call in another judge. Livermore v. Brundage, •64 Cal. 299, 30 Pae. 848; Swepson v. Call, 13 Fla. 337; 23 Cyc.
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Appeal from tbe District Court of McLean county; Kneeshaw, J., after transfer from Burleigh, county, Winchester, J. Information alleging nuisance must describe the place. State v. Kozum, 8 N. D. 548, 80 N. W. 477. No judge against whom an affidavit of prejudice is filed can make further order than to call in another judge. Livermore v. Brundage, •64 Cal. 299, 30 Pae. 848; Swepson v. Call, 13 Fla. 337; 23 Cyc. Law •& Proc. pp. 598 and 593. Attorney General may sign and file information. State ex rel. Miller v. District Ct. 19 N. D. —, 124 N. W. 417; State v. Heiser, 20 .N. D. 357, 127 N. W.…
1Opinion of the CourtGoss, J.
This is an appeal to this court from a judgment of conviction finding the defendant guilty of keeping and maintaining as common nuisance. The information was laid by the Attorney General of this state as informant. The defendant moved to quash and set aside the information on the ground that the Attorney General was not authorized by law to act as such informant, in the absence of a. showing made as to why the information was not filed by the state’s-attorney of Burleigh county, wherein such proceedings were had.
The motion to dismiss was overruled, and properly so, as has been settled by the…
2Cases cited5 opinions
- State ex rel. Miller v. District CourtNorth Dakota Supreme Court · 1910
- State v. HeiserNorth Dakota Supreme Court · 1910
- State v. KruseNorth Dakota Supreme Court · 1909
- State v. BallNorth Dakota Supreme Court · 1909
- State v. IldvedsenNorth Dakota Supreme Court · 1910
3Cited by4 opinions
- State v. HeatonNorth Dakota Supreme Court · 1927
- Lowe v. District CourtNorth Dakota Supreme Court · 1921
- State v. GielenNorth Dakota Supreme Court · 1926
- Ex Parte SuttonCourt of Criminal Appeals of Oklahoma · 1939