Legal Opinion

State v. Thoemke

North Dakota Supreme Court

Decided July 1, 1903PublishedCited by 9 opinions

Appeal from District Court, Cass County; Pollock, J. Otto W. Thoemke was convicted of maintaining a place wherein intoxicating liquors were sold in violation of law, and appeals.

1Opinion of the CourtYoung, J.

The defendant was informed against by the state’s attorney of Cass county for maintaining a common nuisance in violation of section 7605 of the Revised Codes. The jury returned a verdict of guilty. Defendant moved for a new trial upon the alleged insufficiency of the evidence to sustain the verdict, errors in the admission of testimony and in the instructions, which motion was denied. The trial court imposed a sentence of 90 days in the county jail and a fine of $200 and costs of prosecution. The defendant has appealed from the judgment, and relies upon the same grounds in this court which…

2Cases cited4 opinions

  1. State v. WaltzSupreme Court of Iowa · 1888
  2. Segars v. StateCourt of Criminal Appeals of Texas · 1895
  3. State v. DellaireNorth Dakota Supreme Court · 1894
  4. State v. KreigSupreme Court of Iowa · 1862

3Cited by9 opinions

  1. People v. WillyIllinois Supreme Court · 1921
  2. State v. WisnewskiNorth Dakota Supreme Court · 1905
  3. State v. MagillNorth Dakota Supreme Court · 1909
  4. State v. PoullNorth Dakota Supreme Court · 1905
  5. State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904

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