The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-02-18

juror qualities his statement by saying
that il selected as a juror he will try
the case entirely on the evidence
which he gets from the witness stand,
and on the evidence alone.
2. Error in refusing to sustain a
challenge for cause does not justify
the reversal of a judgment where the
jurymen did not in fact participate
in he trial, and the defendant did not
exhaust all of his peremptory chal-
lenges.
). A states attorney may COM
mence a prosecution in the county
court for a violation of the liquor laws
Of North Dakota by the filing Of an
information which is properly veri-
fed, alone, and without a preliminary
states attorneys examination, and the
mere fact that he may have conduct
ed such preliminary examination does
not make it necessary for him to file
the dispositions and testimony there
taken, together with the lame Of the
witnesses there present.
4. An information is sufficient
which has attached to it an affidavit
in the form of a criminal complaint
sworn to positively, wherein facts are
stated showing the commission by the
appellant Of the crime charged, even
though the affidavit is not entitled in
any court, there being no controversy
as to the g~enuineness of the affidavit,
and the information itself being veri-
fed by the states attorney in con-
formity to the statute.
S. An information for keeping in
toXlcat1ng liquors for sale as a bever-
age contrary to the provisions of the
laws of North Dakota, and which
states that Heretofore, to-wit; at
various and sundry times between the
list day of April, 1912, and the 30th
day. of November, 1912. in the county
Of Benson in said estate of North Da-
kota, one Lloyd Lesh, late Of said
county of Benson and said state. OF
North Dakota, did commit the crime
of keeping Intoxicating liquors for
sale as g. beverage, committed. as fol-
lows, to-wit: That at said time and
place the said Lloyd Lesh did wiIlful-
ly, wrongfully, and unlawfully, keep
Intoxicating liquors for sale as a bev-
erage and is not defective in that it
fails to specify the date on which the
crime was committed, nor is it void
for .duplicity.
s. The offense Of : keeping intoxi-
eating liquors for sale, which is charg-
ed as being committed between cer-
tain dates is a continuing offense as
to such time, and an acquittal under
such an information viii be a bar tc
d SUBSEQUENT prosecution LOT a sale as
a beverage within such dates.
z. It is not error for a court to fai
to instruct the jury that the defend,
ants neglect to go upon the witness
stand. does not create or raise any
presumption Of guilt against hin
where such an instruction is not re.
quested by the defendant himself.
s. One charged with the offense o.
keeping Intoxicating liquors for sail
I -. = Au-~p~ rn1t &C. 49, Aancrs Ssstxp - I
Of such a crime because he hal
neglected to comply with the technica
requirements OF the druggists permi
act, nor can a jury be presumed IL
know the terms and requirements 10
that act. An instruction., therefore, Il
erroneous in a prosecution FOR keep,
ing Intoxicating liquors for sale a.
a beverage which In substance In
Structs the jury that if they find tina
the defendant has sold at all or In
manner not in conformity with hi
then they will be warranted In findin.
him guilty OF the crime Of Keeping
Intoxicating liquors for sale as
j beverage.
8. A. jury win not be presumed t,
be acquainted with the provisions o
j a criminal statute. They should
therefore, be instructed In relation
/ thereto when the same are In an,
way pertinent to the issues involv
| ed.
!, (Syllabus by the court).
] Appeal from the county court D
Benson county, Lilies, j.
Criminal information for keepin,
{ Intoxicating liquors for sale ais
beverage. Defendant convicted. DE
PENDANT appeals,
{ Reversed. Opinion Of TIKI court b