State v. LaFlame
North Dakota Supreme Court
Appeal from the District Court of Divide County, Leighton, J. The law does not impose any duty on a deputy sheriff; it does not recognize him as an officer within himself. 9 Am. & Eng. Enc. Law, 369; Coltrain v. McCain, 14 N. C. (3 Dev. L.) 308, 24 Am. Dec. 256. A deputy sheriff is not a state officer within the meaning of the Constitution. Russell v. Lawton, 14 Wis. 203, 80 Am. Dec. 769; State ex rel.
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Appeal from the District Court of Divide County, Leighton, J. The law does not impose any duty on a deputy sheriff; it does not recognize him as an officer within himself. 9 Am. & Eng. Enc. Law, 369; Coltrain v. McCain, 14 N. C. (3 Dev. L.) 308, 24 Am. Dec. 256. A deputy sheriff is not a state officer within the meaning of the Constitution. Russell v. Lawton, 14 Wis. 203, 80 Am. Dec. 769; State ex rel. Walker v. Bus, 135 Mo. 325, 33 L.R.A. 616, 36 S. W. 636; N. D. Const. § 173; Wilson v. Russell, 4 Dak. 376, 31 N. W. 645; Summerville v. Sorrenson, 23 N. D. 460, 42 L.R.A. (N.S.) 877, 136 N. W.…
1Opinion of the CourtGoss, J.
Defendant is charged with giving a bribe “to an executive officer, of this state,” one Henderson, “deputy sheriff,” with intent to influence unlawfully “the said Henderson as deputy sheriff to protect the said Joseph LaFlame against arrest, and to refrain from arresting him, said Joseph LaFlame, . . . for selling intoxicating liquors as a beverage in violation of the laws of North Dakota, the said LaFlame then and there knowing that the said Henderson was then and there a duly appointed, qualified, and acting deputy sheriff of said county in *493said state.” The error alleged comes to this court…
2Cases cited7 opinions
- People v. MarkhamCalifornia Supreme Court · 1883
- State v. FordhamNorth Dakota Supreme Court · 1904
- State v. WoodsNorth Dakota Supreme Court · 1912
- Wilson v. RussellSupreme Court Of The Territory Of Dakota · 1887
- State v. ClimieNorth Dakota Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Massey Steamship Co. v. Importers & Exporters InsuranceSupreme Court of Minnesota · 1922
- Redahl v. StevensNorth Dakota Supreme Court · 1933
- Courteen Seed Co. v. AbrahamOregon Supreme Court · 1929
- State v. UhlerNorth Dakota Supreme Court · 1916
- Stubbins Hotel Co. v. BeissbarthNorth Dakota Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.