The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-11-19

lowing decisions have been handed
down by the supreme court:
Barnes County
Minneapolis, st. Paul and SAUL
Ste Marie rail way company, cor
poration, appellant, VS.. Hans Oppe-
gard, sheriff of Barnes county and
Barnes county. North Dakota, a pub
lie corporation, respondents.
l. Property used as telegraph line
built by railway company, is moi
exempt from taxation as property rea.
sonably necessary for the running o.
trains and the transaction of railroad
business, when such telegraph prop
erty is used for commercial purposes
for compensation, paid by patrons.
is not shown to have separate fran
chise or authority to do a telegraph
business for compensation is immater-
tial where the railway company Is
shown to have assumed such fran
chise or authority fully, and is there
fore estopped to show as against the
state that 1t has no franchise, as q
defense to the collection of q tax
levied by the state on a franchise and
other property used in the. telegraph
business.
Syllabus by the court
Appeal from the district court of
Barnes county, Burke, j.
Judgmen tafflrmed.
Lee Coombs for appellant; Alfred
Zuger and Theo. s. Lindland for the
respondents.
Opinion by Morgan. c. ]. All concur.
BENSON Comfy
State Of North Dakota, respondent,
VS.. Elias Johnson, appellant.
1. The sufficiency of the allegations
of al Information when raised by a
motion III errest of judgment will b.
construed with less strictness than
when raised by demurrer.
2. Where an information states
facts constituting an offense in gen.
eral words, and In the language Of
the statute defining the offense, the
information Is sufficient as against
a motion In arrest Of judgment, al
though some Of the necessary allega-
tons are stated or appear by inference
and not by positive allegation.
3. A person accused of crime in
commission of which corrupt intent
is a necessary ingredient thereof, may
testify what his intent was in doing
certain acts. 90.
4. Objections to certain questions
considered and held error to sustain
them.
s. A person accused of crime should
be allowed the fullest latitude to ex-
plain what his intent was in writing
or making statements, apparently in
eliminating and in explaining what
he meat by certain: equivocal state
ments. - a
Syllabus by the court. !.
Appeal from the district court Of
Benson county. Hon. John F. Cowan,
F. Baldwin, G. B. Crave, Craven &
Maxfield and r. A. Stewart for APP
pellant.
T. F. McCue. attorney general for
respondent.
Judgment reversed and new trial
granted.
Judgment reversed and a new trial
granted.
Opinion by Morgan, c. ]. All con-
cur.
Pierce County
State of North Dakota respondent,
VS.. w. A. Laechelt, appellant.
l.. In prosecution for the embez-
element of certain check, the in
formation described the check drawn
by "Stromen Bros" to "Bovey-Shute
Lumber company" while the proof
disclosed that the same was drawn
by "stromen Bros" by Ed. T. strom-
en- by A. T. Stromen' to Dove Shaut
Lumber company"
Held that the. variance was .imma-
terial.
Syllabus by the court.
Appeal from district court Pierce
county Burr ]. From judgment Of
conviction Of the crime of embezzle-
ment, defendant appeals. Reversed.
Tyler & Woodward for appellant.
T. F. McCue, attorney general; AL.
bert E. Coger, states attorney, 70,
respondent.
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