State v. Wheeler
North Dakota Supreme Court
Appeal from tbe District Court of Williams County, Honorable Frank F. Fisk, Judge. In a prosecution for, keeping and maintaining a common nuisance,, where the state unnecessarily charges a more particular description than an allegation of its commission within the county, the particular description given must be proved. Such specific description narrows-the scope of the proof. State v. O’Neal, 19 N. D. 426, 124 N. W. 68;. State v. Kelly, 22 N. D. 5, 132 N. W. 223, Ann.
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Appeal from tbe District Court of Williams County, Honorable Frank F. Fisk, Judge. In a prosecution for, keeping and maintaining a common nuisance,, where the state unnecessarily charges a more particular description than an allegation of its commission within the county, the particular description given must be proved. Such specific description narrows-the scope of the proof. State v. O’Neal, 19 N. D. 426, 124 N. W. 68;. State v. Kelly, 22 N. D. 5, 132 N. W. 223, Ann. Cas. 1913E, 974;. State v. Kozum, 8 N. D. 548, 80 N. W. 477. The state must also prove that defendant had knowledge of the…
1Opinion of the CourtGrace, J.
This action is one prosecuted by the state of North Dakota against O. B. Wheeler on information filed in the district court •of Williams county, North Dakota, which information charged the defendant with keeping and maintaining a common nuisance on the 7th day of January, 1917, and during the regular December, 1916, term of the. district court in and for said Williams county, in that the defendant kept and maintained that place known as “Wheeler’s Peed Barn,” located on lots 7 and 8, Le Dosquet’s addition to the city of Williston. The information was filed by the order of the court of said…
2Cases cited3 opinions
- State v. KellyNorth Dakota Supreme Court · 1911
- State v. O'NealNorth Dakota Supreme Court · 1909
- State v. KruseNorth Dakota Supreme Court · 1909
3Cited by11 opinions
- Underwood v. State Board of Alcoholic ControlSupreme Court of North Carolina · 1971
- State v. UglandNorth Dakota Supreme Court · 1922
- State v. ThompsonNorth Dakota Supreme Court · 1928
- Atwater v. Lober, New York County Courts1929
- State v. BurchamNorth Dakota Supreme Court · 1920
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