Legal Opinion

State v. Gottlieb

North Dakota Supreme Court

Decided December 30, 1910PublishedCited by 7 opinions

Appeal from County Court, Wells county; Alois Wo/rtner, J. From a judgment of conviction for maintaining a common nuisance defendant appeals. A criminal complaint sworn to on knowledge is essential to jurisdiction of a criminal action. People v. Heffron, 53 Mich. 527, 19 N. W. 170; Bishop, Crim. Proc. chaps. 716 — 719; Com. ex rel. Parker v. Certain Lottery Tickets, 5 Cush. 369; Brown v. Kelley, 20 Mich. 27; People ex rel.

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Appeal from County Court, Wells county; Alois Wo/rtner, J. From a judgment of conviction for maintaining a common nuisance defendant appeals. A criminal complaint sworn to on knowledge is essential to jurisdiction of a criminal action. People v. Heffron, 53 Mich. 527, 19 N. W. 170; Bishop, Crim. Proc. chaps. 716 — 719; Com. ex rel. Parker v. Certain Lottery Tickets, 5 Cush. 369; Brown v. Kelley, 20 Mich. 27; People ex rel. Hackett v. Wayne Circuit Judge, 36 Mich. 334; Swart v. Kimball, 43 Mich. 451, 5 N. W. 635; Badger v. Reade, 39 Mich. 774; People ex rel. Van Yalkenburgh v. Recorder of…

1Opinion of the CourtEisk, J.

Appellant was convicted in the' county court of Wells county of the crime of maintaining a common nuisance, and he has appealed from the judgment of conviction. He assigns errors as follows:

1. The court erred in denying defendant’s motion for a preliminary hearing.

2. The court erred in denying the defendant’s motion to set aside and quash the information.

3. The court erred in overruling defendant’s general objection to the introduction of any testimony under the information made at the opening of the trial.

4. The court erred in overruling defendant’s objection to Exhibit 7.

5. The court erred…

2Cases cited16 opinions

  1. Hallinger v. DavisSupreme Court of the United States · 1892
  2. Myers v. PeopleIllinois Supreme Court · 1873
  3. United States v. TureaudU.S. Circuit Court for the District of Eastern Louisiana · 1884
  4. State v. RozumNorth Dakota Supreme Court · 1899
  5. State v. BlackmanSupreme Court of Kansas · 1884

11 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. BolenWashington Supreme Court · 1927
  2. State v. KilmerNorth Dakota Supreme Court · 1915
  3. State v. LeshNorth Dakota Supreme Court · 1914
  4. State v. HartNorth Dakota Supreme Court · 1915
  5. United States v. AverettDistrict Court, W.D. Virginia · 1928

2 more not listed; retrieve them via the Exa API.

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