State v. Malmberg
North Dakota Supreme Court
Appeal from District Court, Barnes county; Cowan, J. Ernest Malmberg and John Malmberg were convicted of maintaining a liquor nuisance, and appeal. A witness may be cross-examined so as to test his bias, prejudice or hostility towards a party to the suit, and asked whether he has a controversy with him against whom he is testifying. Atwood v. Welto-n, 7 Conn. 66; Selph v. State, 22 Fla. 637; State v. McFarlan, 6 So. 728; Blessing v. Hapr, 8 Md. 31; People v. Christie, 2 Abb.
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Appeal from District Court, Barnes county; Cowan, J. Ernest Malmberg and John Malmberg were convicted of maintaining a liquor nuisance, and appeal. A witness may be cross-examined so as to test his bias, prejudice or hostility towards a party to the suit, and asked whether he has a controversy with him against whom he is testifying. Atwood v. Welto-n, 7 Conn. 66; Selph v. State, 22 Fla. 637; State v. McFarlan, 6 So. 728; Blessing v. Hapr, 8 Md. 31; People v. Christie, 2 Abb. Prac. 256; State v. Mase, 24 S. E. 798; Daffin v. State, 21 Tex. App. 76; Kellogg et al. v. Nelson et al., 5 Wis. 125;…
1Opinion of the CourtEngerud, J.
Defendants appeal from a judgment rendered pursuant to a verdict convicting them of the crime of maintaining a nuisance, as defined i-n section 7605, Rev. Codes 1899.
On cross-examination of the complaining witness the defendants-’ counsel sought to show by appropriate questions that the defendant and the witness were members of opposing factions in the *525village of Litchville, that the factional differences had engendered personal hostility between the witness and defendants, and that such ill feeling had been further embittered by the fact that the witness had been informed that one of the…
2Cases cited12 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Fincher v. StateSupreme Court of Alabama · 1877
- State v. RozumNorth Dakota Supreme Court · 1899
- Atwood v. WeltonSupreme Court of Connecticut · 1828
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Killmer v. DuchschererNorth Dakota Supreme Court · 1955
- State v. JulsonNorth Dakota Supreme Court · 1972
- State v. HazlettNorth Dakota Supreme Court · 1905
- State v. LongstrethNorth Dakota Supreme Court · 1909
- State v. ApleyNorth Dakota Supreme Court · 1913
20 more not listed; retrieve them via the Exa API.