Legal Opinion

City of Dickinson v. Kraft

North Dakota Supreme Court

Decided June 25, 1991No. Cr. 900376PublishedCited by 19 opinions

1Opinion of the Court

MESCHKE, Justice.

The City of Dickinson appeals from a judgment acquitting Elden A. Kraft of dispensing liquor to a minor in a licensed establishment. We hold that the judgment of acquittal is not appealable, and we dismiss the appeal.

Kraft was charged by the City of Dickinson with violating Section 3-5 of the Dickinson City Code by dispensing alcoholic beverages to a minor and permitting that minor to remain on premises licensed to *442sell alcoholic beverages.1 In opening jury instructions, the trial court instructed that an essential element of the crime to be proved by the City was “[t]hat…

2Cases cited16 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  3. Greene v. MasseySupreme Court of the United States · 1978
  4. Sanabria v. United StatesSupreme Court of the United States · 1978
  5. Smalis v. PennsylvaniaSupreme Court of the United States · 1986

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

3Cited by19 opinions

  1. City of Bismarck v. UhdenNorth Dakota Supreme Court · 1994
  2. State v. HolteNorth Dakota Supreme Court · 2001
  3. State v. DeutscherNorth Dakota Supreme Court · 2009
  4. City of Fargo v. CossetteNorth Dakota Supreme Court · 1994
  5. Interest of G.L.D.North Dakota Supreme Court · 2011

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

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