Legal Opinion

State v. McCrill

North Dakota Supreme Court

Decided March 31, 1917Published

Appeal from the County Court of Ward County, Murray, J. Defendant was convicted of beeping and maintaining a common nuisance, contrary to tbe provisions of tbe Prohibition Law, and appeals from tbe judgment of conviction and from tbe order denying a new trial. Tbe right to be confronted by witnesses is one of tbe most important safeguards accorded a defendant in a criminal action.

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Appeal from the County Court of Ward County, Murray, J. Defendant was convicted of beeping and maintaining a common nuisance, contrary to tbe provisions of tbe Prohibition Law, and appeals from tbe judgment of conviction and from tbe order denying a new trial. Tbe right to be confronted by witnesses is one of tbe most important safeguards accorded a defendant in a criminal action. It is a right guaranteed by tbe Constitution of tbe United States, as well as of many of tbe states. In fact, it is an elementary principle of criminal procedure that a violation or an invasion of that right is…

1Opinion of the Court

Christianson, J.'

The defendant was convicted in the county court of Ward county of the crime of keeping and maintaining a common nuisance, contrary to the provisions of the Prohibition Law of this state, and appeals from the judgment of conviction and the order denying his motion for a new trial.

Defendant was arrested upon a warrant of arrest issued by the county court on the 30th day of January, 1915, upon an information which had been filed in said court on that day. It appears that two search warrants were issued out of the court of John Lynch, justice of the peace, in and for said Ward…

2Cases cited6 opinions

  1. State v. PrattSupreme Court of Missouri · 1889
  2. Jennings v. PeopleIllinois Supreme Court · 1901
  3. State v. AhernSupreme Court of Minnesota · 1893
  4. Elliott v. StateCourt of Criminal Appeals of Texas · 1898
  5. State v. McKoneNorth Dakota Supreme Court · 1915

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