The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-25

lance Of the term OF the district court
the proper county, one of the errors
assigned is the overruling of motion
% set aside the information, such APP
peal bringing into this court none OF
the evidence, 1t must be assumed that
the proof showed maintenance OF the
nuisance during the continuance. of the
term of the district court at which the
Information was filed.
Z. Where complaint was filed be-
lore magistrate charging defendant
with the maintenance Of a common
nuisance, and he waived examination
and was held to the district court. and
during the next term of the district
court an information was filed charr-
ing the offense Of keeping and main
tanning common nuisance both dur
ing the time included in the complaint
nled with the magistrate and a neriod
subsequent to such time, including that
part of the term of the district court
which had elapsed before the eHng
of the information, and no senara Is
information was filed for the time COW
cred by the complaint made before +baa
committing magistrate, a motion can
not be sustained to set aside the in
formation on the ground that no com
pant mad been filed or preliminary
nearing had relating to and GOVERNS
the time not included in the comnlaint
on winch the defendant was held.
.. conviction for maintafning a
nuisance on an information chareing
It's maintenance during a long peri1d
OF time prior to the commencement az
term OF the court at which the in
formation was filed, and during sucb
term, is bar to another convic+iov,
Tor the commission of the same ofpense
at any time between the dates char.-aSs
o. Had the information above re-
1eIIeo 10 oeen drawn to cover only the
PERIOD subsequent to the preliminary !
: aI I. II would not have barred |
aHotner conviction for its maintenance |
prior to such examination
An information charging that
lhe defendant. between the list day Of /
july 1909, and continuously therefrom
70 and including the End day of Nav /
LSlo' committed the crime OF keeping /
ana maintaining a common nuisance
u certain place and building in the
slty OF Mandan, properly describing
me place and building in which place
intoxicating liquors were sold. etc. as
beverage, and in which said nIace
persons were permitted to and did re-
'ort' etc, and in which said place in
oxlcatlng liquors were kept for sale |
'tc.. contrary to the statute etc /,
harges a public offense notwitb-
standing the fact that 1t does NOT al
eye in terms that the defendant SOLD
u permitted persons to resort l., such |,
mace or kept intoxicating liquors for
ale thereat, the charge of keeping and
maintaining being sufficient to connect
ne defendant with the offense.
(Syllabus By the court)
Appeal from district court of Nor
on county, Crawford, j.
Action by the state of North Dakota
galnst Joseph Winbauer, charging !
nm with the offense Of keeping and :
maintaining a public nuisance. II
from verdict and judgment of CON
lotion defendant appeals, assigpinp
8 errors the overruling of his motion /.
SCI asloe the information ard his I
emurrer to the information. II
Affirmed.
Shaw & Nuchols. attorneys for an
ellant.
Andrew Miller attorney general. Al
red zuger, c. L. Young, assistant at.
orneys general, and J. M. Haulav
tates attorney, attorneys for re- G
pendent. &
Opinion of the court by spalding. J..
II concurring. - b
hop Sousy, at RathskalIsr MnnrL..L t