State v. Riley
North Dakota Supreme Court
Appeal from a judgment of the District Court of Sargent County, Son. Charles M. Cooley, Special Judge. The complaint and the information charge two distinct, separate offenses, and the motion to set aside the information should have been granted. State v. Winbauer, 21 N. D. 161, 129 N. W. 97. No order of the magistrate as to his finding upon the examination is indorsed on the complaint, or entered in his docket. One or the other is essential.
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Appeal from a judgment of the District Court of Sargent County, Son. Charles M. Cooley, Special Judge. The complaint and the information charge two distinct, separate offenses, and the motion to set aside the information should have been granted. State v. Winbauer, 21 N. D. 161, 129 N. W. 97. No order of the magistrate as to his finding upon the examination is indorsed on the complaint, or entered in his docket. One or the other is essential. State v. Rozum, 8 N. D. 556, 80 N. W. 477; State v. O’Neal, 19 N. D. 426, 124 N. W. 68. Court for a given district composed of a number of counties…
1Opinion of the Court
SpaldiNG, Oh. J.
An information against the appellant was filed in the district court of Sargent county on the 7th day of September, 1911, subscribed and sworn to by the state’s attorney of that county, charging that appellant on the 27th day of June, in 1911, and continuously from day to day, from the 1st day of January, 1911, to the commencement of this action, . . . did commit the crime of keeping and maintaining a common nuisance, etc. On or about September 7, 1911, in the district court of such county, she entered a plea of not guilty. The case was continued from term to term until the…
2Cases cited7 opinions
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- Gress v. EvansSupreme Court Of The Territory Of Dakota · 1877
- Beidler & Robinson Lumber Co. v. Coe Commission Co.North Dakota Supreme Court · 1905
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1893
- State v. WinbauerNorth Dakota Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. BourbeauNorth Dakota Supreme Court · 1977
- State v. BoehmNorth Dakota Supreme Court · 1938
- Hoglan v. GeddesWyoming Supreme Court · 1918
- State v. TaylorNorth Dakota Supreme Court · 1915
- State v. KleinNorth Dakota Supreme Court · 1972
1 more not listed; retrieve them via the Exa API.