Legal Opinion

State v. Lesh

North Dakota Supreme Court

Decided February 17, 1914PublishedCited by 13 opinions

Appeal from the County Court of Benson County, Liles, J. Criminal information for keeping intoxicating liquors for sale as a beverage. Defendant convicted. Defendant appeals. Statement by Bruce, J. Defendant was convicted of the offense of keeping intoxicating liquors for sale as a beverage contrary to the provisions of the statute, and has appealed to this court both from the judgment and from the order denying the motion for a new trial.

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Appeal from the County Court of Benson County, Liles, J. Criminal information for keeping intoxicating liquors for sale as a beverage. Defendant convicted. Defendant appeals. Statement by Bruce, J. Defendant was convicted of the offense of keeping intoxicating liquors for sale as a beverage contrary to the provisions of the statute, and has appealed to this court both from the judgment and from the order denying the motion for a new trial. The challenge to the juror Anton Engen should have been allowed, and its denial was prejudicial to defendant. Rev. Codes 1905, § 9972, subdiv. 2. An…

1Opinion of the CourtBruce, J.

(after stating the facts as above). The first ground urged for a reversal (but which we believe was abandoned upon the oral argument) is that “the court erred in denying the defendant’s challenge to the juror Anton Engen.” Engen, on his voir, dire, said: “I said *169that the fact that the defendant had been brought in here by the state’s attorney charged with the commission of an offense might he such as to make me believe that there must be something in it or he would not be arrested, and it would take evidence to prove to me that he was not guilty, and until that evidence was proven to me I…

2Cases cited13 opinions

  1. Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
  2. State v. WisnewskiNorth Dakota Supreme Court · 1905
  3. State v. MyersWashington Supreme Court · 1894
  4. State v. EkangerNorth Dakota Supreme Court · 1899
  5. State v. CurrieNorth Dakota Supreme Court · 1905

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. JelliffNorth Dakota Supreme Court · 1977
  2. Johns v. StateWisconsin Supreme Court · 1961
  3. State v. GrayNorth Dakota Supreme Court · 2017
  4. State v. TernesNorth Dakota Supreme Court · 1977
  5. State v. PanchukNorth Dakota Supreme Court · 1926

8 more not listed; retrieve them via the Exa API.

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