Legal Opinion

State v. Ekanger

North Dakota Supreme Court

Decided October 21, 1899PublishedCited by 19 opinions

Appeal from District Court, Walsh County; Sauter, J. John Anderson Ekanger was convicted of keeping and maintaining a common nuisance, and appeals. An opinion formed by conversation with witnesses or by reading reports of testimony or evidence disqualifies. Brozvn v. State, 70 Ind. 576; State v. Culler, 82 Mo. 623; Dugle v. State, 100 Ind. 259; 12 Am. & Eng. Ene.

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Appeal from District Court, Walsh County; Sauter, J. John Anderson Ekanger was convicted of keeping and maintaining a common nuisance, and appeals. An opinion formed by conversation with witnesses or by reading reports of testimony or evidence disqualifies. Brozvn v. State, 70 Ind. 576; State v. Culler, 82 Mo. 623; Dugle v. State, 100 Ind. 259; 12 Am. & Eng. Ene. L. 355. An opinion even though based on newspaper reports or rumors if so fixed as to require evidence to remove it, disqualifies though the juror may state that he can render a fair and impartial verdict on the evidence. Olive v.…

1Opinion of the CourtBartholomew, C. J.

This was a prosecution for a violation of the prohibition law, the particular offense charged being that of keeping and maintaining a common nuisance. From a judgment of imprisonment and fine the defendant appeals.

The first assignment of error relates to the ruling of the trial court in denying a challenge for actual bias made by the defendant to a juror who was called as a talesman after defendant had exhausted his peremptory challenges. The juror, on his voir dire, stated, in substance, that he had conversed about the case with a party who “used to go to the house;” and that such…

2Cases cited11 opinions

  1. Spies v. IllinoisSupreme Court of the United States · 1887
  2. Hopt v. UtahSupreme Court of the United States · 1887
  3. State v. KentNorth Dakota Supreme Court · 1896
  4. State v. BakerWest Virginia Supreme Court · 1889
  5. State v. RozumNorth Dakota Supreme Court · 1899

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

3Cited by19 opinions

  1. State v. BickfordNorth Dakota Supreme Court · 1913
  2. State v. ManningNorth Dakota Supreme Court · 1965
  3. State v. NyhusNorth Dakota Supreme Court · 1909
  4. State v. MalmbergNorth Dakota Supreme Court · 1905
  5. Williams v. United StatesCourt of Appeals for the Eighth Circuit · 1924

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

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