Legal Opinion
State v. Elkin
North Dakota Supreme Court
Decided January 3, 1938No. File No. Cr. 152PublishedCited by 9 opinions
1Opinion of the CourtBurr, J.
The defendant was arrested on a complaint charging him with “selling assorted fruits without a transient merchant’s license,” the specific provision being the violation of § 3036 of the Supplement.
On the trial of the case, apparently before the court without a jury, the state introduced two witnesses and rested. The defendant moved “for dismissal on the ground no facts which constitute the commission of a crime in this matter have been shown.”
Section 3036 of the Supplement deals with the “taxation of transient merchants” and contains this definition: “A transient merchant within the meaning…
2Cases cited7 opinions
- Stutsman County v. Dakota Trust Co.North Dakota Supreme Court · 1920
- Guilford School District No. 3 v. Dakota Trust Co.North Dakota Supreme Court · 1920
- Ullman v. CampbellNorth Dakota Supreme Court · 1924
- Malherek v. City of FargoNorth Dakota Supreme Court · 1922
- Union Insurance Agency v. Insurance Co. of North AmericaNorth Dakota Supreme Court · 1924
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. LohnesNorth Dakota Supreme Court · 1955
- City of Grand Forks v. Grand Forks CountyNorth Dakota Supreme Court · 1965
- Scranton Grain Co. v. Lubbock MacHine & Supply Co.North Dakota Supreme Court · 1970
- Meckle v. HoffmanNorth Dakota Supreme Court · 1956
- Merchant v. Richland County Water Management DistrictNorth Dakota Supreme Court · 1978
4 more not listed; retrieve them via the Exa API.