State v. Ramsey
North Dakota Supreme Court
Appeal from the County Court of Cass County, A. G. Hanson, T. Prom a judgment of conviction for the crime of practising veterinary dentistry without a license, defendant appeals. An affidavit upon information and belief is insufficient upon which to base constructive criminal contempt proceedings, and gives no jurisdiction. State ex rel. Harvey v. Newton, 16 N. D. 154, 112 N. W. 52, 14 Ann.
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Appeal from the County Court of Cass County, A. G. Hanson, T. Prom a judgment of conviction for the crime of practising veterinary dentistry without a license, defendant appeals. An affidavit upon information and belief is insufficient upon which to base constructive criminal contempt proceedings, and gives no jurisdiction. State ex rel. Harvey v. Newton, 16 N. D. 154, 112 N. W. 52, 14 Ann. Cas. 1035. So, also, an affidavit for a search warrant must be made by one with knowledge of the facts, and should be positive in form. State ex rel. Register v. McGahey, 12 N. D. 545, 97 N. W. 865, 1 Ann.…
1Opinion of the Court
Pisk, Ch. J.
Appellant was convicted in the county court of Cass county of the crime of wilfully and unlawfully practising veterinary dentistry without first procuring a permit or certificate authorizing him so to do, and he has appealed to this court from the judgment of conviction, alleging numerous assignments of error, which will be considered in the order presented.
The first assignment challenges the correctness of the ruling denying appellant’s preliminary motion to quash the warrant of arrest. This motion was predicated upon the fact, which was developed through an examination of the…
2Cases cited6 opinions
- State v. LongstrethNorth Dakota Supreme Court · 1909
- Potter v. Barry Circuit JudgeMichigan Supreme Court · 1909
- State v. LittooyWashington Supreme Court · 1909
- State v. GottliebNorth Dakota Supreme Court · 1910
- State v. McKnightNorth Dakota Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
- State v. MarcovitzNorth Dakota Supreme Court · 1933
- Baldwin v. District of ColumbiaDistrict of Columbia Court of Appeals · 1962
- Kittler v. KelschNorth Dakota Supreme Court · 1927