Legal Opinion

State v. Kelly

North Dakota Supreme Court

Decided June 1, 1911PublishedCited by 11 opinions

Appeal from tbe County Court of increased jurisdiction for Ward County; N. Davis, J. William Kelly was convicted of maintaining a common nuisance for tbe sale of intoxicating liquors, and be appeals.

1Opinion of the CourtGoss, J.

Tbe defendant, William Kelly, was informed against and convicted of tbe crime of keeping and maintaining a common nuisance, and appeals. Tbe principal reason urged for reversal is tbat of variance between tbe information charging tbe crime and tbe proof offered on tbe trial.

*7The information charged that “defendant herein wilfully and unlawfully kept and maintained a certain place, to wit, a saloon, in a building situated in the city of Minot, which building was a dirt dugout within what is commonly known as Wildwood Park, in the city ■of Minot, in the county of Ward and state of North Dakota,…

2Cases cited13 opinions

  1. People v. . CannonNew York Court of Appeals · 1893
  2. State v. Barrett.Supreme Court of North Carolina · 1905
  3. B'd of Com'rs of Excise, Etc. v. . MerchantNew York Court of Appeals · 1886
  4. In re Cowdry's WillSupreme Court of Vermont · 1905
  5. State v. SheppardSupreme Court of Kansas · 1902

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

3Cited by11 opinions

  1. Sovereign Camp, W. O. W. v. DennisAlabama Court of Appeals · 1920
  2. State v. WheelerNorth Dakota Supreme Court · 1917
  3. McCoy v. StateCourt of Criminal Appeals of Oklahoma · 1950
  4. Blanton v. StateCourt of Criminal Appeals of Oklahoma · 1927
  5. Webb v. StateCourt of Criminal Appeals of Oklahoma · 1924

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

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