State v. Stevens
North Dakota Supreme Court
From a judgment of the District Court of Traill County, Pollo oh, J. Defendant appeals. The statute defines no crime, nor has the legislature created thereby any crime; the statute is void because it delegates legislative powers to the court or to the jury. It is well settled that the functions of government must be kept separate, and the delegation by the legislature of its powers to other departments of government has always been held unconstitutional.
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From a judgment of the District Court of Traill County, Pollo oh, J. Defendant appeals. The statute defines no crime, nor has the legislature created thereby any crime; the statute is void because it delegates legislative powers to the court or to the jury. It is well settled that the functions of government must be kept separate, and the delegation by the legislature of its powers to other departments of government has always been held unconstitutional. Glaspell v. Jamestown, 11 N. D. 86, 88 N. W. 1023; State ex rel. Rusk v. Budge, 14 N. D. 532, 105 N. W. 724; State ex rel. Standard Oil Co.…
1Opinion of the CourtGoss, J.
A demurrer was overruled interposed to the following criminal information, omitting formal heading, viz.:
“Heretofore, to wit: On the 18th day of July, 1915, at the county of Traill in said state of North Dakota, one O. H. Stevens did commit the crime of wilfully and unlawfully committing an act which openly *544•outraged public decency and was injurious to public morals, committed as follows, to wit:
“That at said time and place tbe said defendant, O. H. Stevens, did wilfully and unlawfully entice and procure one Florence Stenmo, then and there a married woman the wife of one Martin Stenmo, and…
2Cases cited2 opinions
- Gunn v. Territory of OklahomaSupreme Court of Oklahoma · 1907
- Allen Dudley & Co. v. ClevengerSupreme Court of Oklahoma · 1907
3Cited by1 opinion
- In Re DavisCalifornia Court of Appeal · 1966