State v. Olson

Pee. Cueiam.

Tbe defendant was convicted of obstructing a navigable stream near tbe city of Minot in Ward county. Tbe stream is tbe Mouse river, and tbe place and act and time of tbe alleged obstruction are identical with those involved in tbe civil action of Bissel v. Olson, ante, 60, 143 N. W. 340. In tbe civil case, it was held tbat tbe Mouse river was not at tbat point navigable, or at least tbat tbe plaintiff failed in bis proof.

Counsel for tbe state has stipulated that tbis judgment be reversed on tbe authority of Bissel v. Olson, supra. While tbat stipulation is not binding on tbe…