State v. Taylor
North Dakota Supreme Court
An appeal from the judgment of conviction in the County Court of Increased Jurisdiction of Ward County, William Murray, J. The “oath” or “affirmation” referred to in the organic act means a positive oath or affirmation, not one on information and belief. State ex rel. Register v. McGahey, 12 N. D. 535, 97 N. W. 865, 1 Ann. Gas. 650, 14 Am. Grim.
Read the full summary
An appeal from the judgment of conviction in the County Court of Increased Jurisdiction of Ward County, William Murray, J. The “oath” or “affirmation” referred to in the organic act means a positive oath or affirmation, not one on information and belief. State ex rel. Register v. McGahey, 12 N. D. 535, 97 N. W. 865, 1 Ann. Gas. 650, 14 Am. Grim. Rep. 283. Proceedings based upon an information not supported by such an oath or affirmation, if timely objection is made, deprive defendant of his liberty without due process. Myers v. People, 67 111. 503; Lustig v. People, 18 Colo. 77, 32 Pac. 275;…
1Opinion of the CourtGoss, J.
A criminal complaint, sworn to December 31, 1913, on positive knowledge, was laid before a magistrate, charging defendant,, with keeping and maintaining a common nuisance at a place described, “at divers times between the 1st day of Januai*y, 1912, and the 28th day of December, 1913.” Defendant appeared in justice court, waived preliminary examination, and was held to answer at the next term of the county court of increased jurisdiction, and admitted to bail. On January 6th, 1914, state’s attorney filed in county court a criminal information, with statutory verification thereto, charging…
2Cases cited2 opinions
- State v. WinbauerNorth Dakota Supreme Court · 1910
- State v. RileyNorth Dakota Supreme Court · 1913
3Cited by1 opinion
- State v. SievertNorth Dakota Supreme Court · 1928