State v. Kilmer
North Dakota Supreme Court
Appeal from tbe District Court of -Burleigh County; Nuessle, J. Prosecution for maintaining a liquor nuisance. Judgment for plaintiff. Defendant appeals.
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Appeal from tbe District Court of -Burleigh County; Nuessle, J. Prosecution for maintaining a liquor nuisance. Judgment for plaintiff. Defendant appeals. A witness whose name is not indorsed on the information cannot be called and allowed to testify for the state, against a defendant on trial for crime, and over his objection, where it clearly appears that the prosecuting attorney knew of such witness before filing the information, and where only one day’s notice of intention to call such witness was given. Comp. Laws 1913 § 10631; People v. Hall, 48 Mich. 482, 42' Am. Rep. 477, 12. N. W.…
1Opinion of the CourtBruce, J.
This is an action in which the defendant and appellant was convicted of maintaining a common nuisance in the form of a place in which intoxicating liquors were sold, bartered, or given away .as a beverage, and in which place persons were permitted to resort *446for the purpose of drinking intoxicating liquors as a beverage, and in which place intoxicating liquors were kept for sale, barter, exchange, and delivery as a beverage.
The first assignment of error raises the proposition that the'court erred in sentencing the defendant to pay the costs of the action and in default of such payment to stand…
2Cases cited31 opinions
- McKnight V. United StatesCourt of Appeals for the Sixth Circuit · 1902
- Bason v. HughartTexas Supreme Court · 1847
- People v. RolfeCalifornia Supreme Court · 1882
- State v. KelsoeSupreme Court of Missouri · 1882
- State v. AlbertsonNorth Dakota Supreme Court · 1910
26 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. NagelNorth Dakota Supreme Court · 1947
- Holt v. Otis Elevator Co.West Virginia Supreme Court · 1916
- State v. BlackOregon Supreme Court · 1935
- Yates v. StateMississippi Supreme Court · 1964
- State v. MartyNorth Dakota Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.