Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-11-10

l25, l31; Blessing vs. Hope, Md. 81;
Atwood VS.. Welton, Conn. 66; Daffln
VS.. State, IL Tex. App. rs; State VS..
McFarlain, (La.) So. 72S; People VS..
Christie, 2 Abb. Pr, 256; Durham VS..
State, 45 Ga. SIG; Wigmore on Evil
dence, Sections 948-953.
The same erroneous rulings were
repeated in the cross examination Of
two others Of the five witnesses for
the state. f
It is urged by respondent that the
evidence for the state clearly estab-
lished the guilt of the defendants, and
their testimony was not contradicted
either by the defendants themselves
or by any witnesses in their behalf,
and therefore no prejudice could have
resulted to the accused from the. err
rors assigned. There are, perhaps,
cases where it might be made to ap-
pear from the record that an error
like that we have been discussing was
without prejudice. This is not such
case, however. What evidence the
defendant might have seen fit to pro-
duce, had he been permitted to show
| that the truthfulness of the States
| witnesses was questionable, or what
effect the excluded evidence might
have had on the minds of the jurors
| if it had been admitted we have no
means of knowing.
| The error above discussed requires
a reversal, and we do not deem it.
necessary to discuss the ~~remaining
errors assigned.
Judgment reversed and new trial
ordered. All concur.
State VS.. John Brown.
State of North Dakota, respondent,
VS.. John Brown, appellant. Syllabus
| by the court:
1. An information for continuing
offense, which alleges that the offense
was committed ION the first day of
January, 1904, and on divers and sun
dry days and times between that day
and the Oath day of April, 1905, and
on the oath day of April, 1906" is
sufficiently certain as to time, and does
not allege more than one offense.
2. An information which alleges
that the defendant, during a stated
time, kept and maintained nuisance
defined and prohibited by section 1905, |
Revised Codes 1899, in two adjacent
buildings within the same curtilage
particularly describing the place, is
neither uncertain nor double.
8. A place kept as nuisance in
violation of section zoos, Revised
Codes 1899, may consist Of one or more
buildings, where they are both used
for the unlawful purpose AS parts of
the same premises.
Appeal from the district court of
Barnes county; Edward T. Burke,
judge. Lee Combs, for appellant c..
N..Frich, attorney general, and Alfred
Zuger, states attorney of Barnes
county, for respondent.
Engerud, j.: The defendant was
tried and convicted of the crime of
maintaining a liquor nuisance, and has
appealed from the judgment
The information alleges that the Of
Tense was committed on the first day
of January, 1904, "and on divers and
Isundry days and times between that
day and the Gath day of April, A. d.
1905, and on the oath day of April, "A.
D. 1905" The place maintained as a.
nuisance was described to be in that
certain tenement consisting of one
story wooden building known as the
Little Kindred" and frame shanty or
building adjacent to and Within the
curtilage ofNsaid Little Kindred, I" stu
atef, etc, describing particularly the
location of the structures referred to.
It is claimed that the foregoing ale
cations quoted from the information,
renders it uncertain as to time and
place and cause it to charge more than
one offense. The suficiency of the ac-
cusation in other respects is not
questioned.
The sufficiency of the information
was first attacked by demurrer, which
was oyer-ruled. The same points pre-
scented by the demurrer were again
urged and over-ruled on motions in
arrest Of Judgment and for new trial,
and are the only points presented for
review on this appeal.
The allegation as to time is proper
and sufficient in case like this which
charges a continuing offense. The
allegation is equivalent to statement
that the nuisance was maintained on
the first and last days named and
throughout the intervening period.
The language is neither uncertain nor
open to the objection that 1t implies
L ha Fbor, an, 1x,r,