State v. McGillic
North Dakota Supreme Court
An appeal from the District Oonrt for Morton County; Cmwford, Special J. The crime of keeping and maintaining a common nuisance, as defined by the prohibition law of this state, may be committed by one who is in control of the building or place. Such person is in the same class as the “owner” or “agent,” and is responsible. Jensen v. State, 60 Wis. 577, 19 N. W. 374; 21 Am. & Eng. Enc.
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An appeal from the District Oonrt for Morton County; Cmwford, Special J. The crime of keeping and maintaining a common nuisance, as defined by the prohibition law of this state, may be committed by one who is in control of the building or place. Such person is in the same class as the “owner” or “agent,” and is responsible. Jensen v. State, 60 Wis. 577, 19 N. W. 374; 21 Am. & Eng. Enc. Law, 1011-1014. It is sufficient in law to constitute the offense, if it is permitted that a building be so used. Crofton v. State, 25 Ohio St. 249, 2 Am. Grim. Rep. 378; Mansfield v. State, — Tex. Crim. Rep.…
1Opinion of the CourtGoss, J.
The state appeals from an order of the district court sustaining a demurrer to a criminal information. As our holding sustains the information under attack, it is set. out in full, that it may constitute a form adjudicated as sufficient in' prosecutions for such violations of chapter 193 of the Laws of 1907, as are sought to be covered thereby.
The information reads:
Information.
H. K. Bitzing, state’s attorney in and for said county of Morton and state of North Dakota, in the name and by the authority of the state of North Dalrota, informs this court that heretofore, to wit, on the 3d day of…
2Cases cited8 opinions
- State v. CassidySupreme Court of Minnesota · 1875
- Winters v. City of DuluthSupreme Court of Minnesota · 1901
- United States Cement Co. v. CooperIndiana Supreme Court · 1909
- Nephi Plaster & Mfg. Co. v. Juab CountyUtah Supreme Court · 1907
- Mertens v. Southern Coal & Mining Co.Illinois Supreme Court · 1908
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3Cited by3 opinions
- Hodges v. United States Fidelity & Guaranty Co.District of Columbia Court of Appeals · 1952
- Klein v. HuttonNorth Dakota Supreme Court · 1922
- State v. DahmsNorth Dakota Supreme Court · 1914