State v. Stevens
North Dakota Supreme Court
Appeal from District Court, Nelson county; Templeton, J. C. H. Stevens was convicted of maintaining a liquor nuisance, and he appeals. Failure to preserve and file testimony as the foundation for an information under the prohibition law is fatal to jurisdiction. Ex parte Doherty, 32 N. Bfiunsw. 479; State v. Braithwaite, 27 Pac. 731; People v. Chapman, 62 Mich. 280, 28 N. W. 896; People v. Brock, 31 N. W., 585; People v. Restell, 3 Hill, 289; 12 Cyc 310-11, and cases cited.
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Appeal from District Court, Nelson county; Templeton, J. C. H. Stevens was convicted of maintaining a liquor nuisance, and he appeals. Failure to preserve and file testimony as the foundation for an information under the prohibition law is fatal to jurisdiction. Ex parte Doherty, 32 N. Bfiunsw. 479; State v. Braithwaite, 27 Pac. 731; People v. Chapman, 62 Mich. 280, 28 N. W. 896; People v. Brock, 31 N. W., 585; People v. Restell, 3 Hill, 289; 12 Cyc 310-11, and cases cited. Setting the time of an offense “between the 1st day of October, 1908, and 22nd day of April, 1909,” is insufficient.…
1Opinion of the CourtFisk, J.
Appellant was convicted in the district court of Nelson county of the crime of keeping and maintaining a liquor nuisance in violation of the prohibition law, and from a judgment sentencing him to imprisonment for the period of ninety days, and adjudging that he pay a fine of $300 and the costs taxed at $287.95, and in default in the payment of such fine and costs that he be imprisoned for the additional period of one day for each $2 of such fine and costs, he has appealed to this court.
The assignments of error are five in number and are as follows : First. The court committed manifest error…
2Cases cited12 opinions
- In re SimsSupreme Court of Kansas · 1894
- State v. WhisnerSupreme Court of Kansas · 1886
- State v. WisnewskiNorth Dakota Supreme Court · 1905
- State ex rel. Peterson v. BarnesNorth Dakota Supreme Court · 1893
- State v. BraithwaiteIdaho Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- State v. JelliffNorth Dakota Supreme Court · 1977
- State v. NyhusNorth Dakota Supreme Court · 1909
- State v. JochimNorth Dakota Supreme Court · 1927
- Continental Supply Co. v. Syndicate Trust Co.North Dakota Supreme Court · 1924
10 more not listed; retrieve them via the Exa API.