Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-02-20
Supreme. Court

.|g A.H- We &t+T
In h Supreme Court, State Of North
Dakota.
State Of North Dakota, Plaintiff and
Respondent, IS Lloyd Lesh. Defendant
Appellant.
30 Although Section 5372. 7. c. 1875.
permits a chaiieii1e for cause for the
existence Of a stite Of mind on the part
Of the juror, In reference to the case or
70 either party. which satisfies the court
In the exercise ola sound discretion, that
he cannot Try the issue innpartially. With
out prejudice 70 the substantial rights
Of the party challenging 1t is no abuse
OF such discretio9 for the trial court to
disalloy q challense for cause which -
inteeFposad for bes reason that q Jury.
man states upon his volr dire that TIE
fact that q man vas Arrested and brought
before the jury 10 be tried might indi-
cate to his mind that there was some.
thing IN IT," and where the juror quail.
ihes his statement by saying that II se-
1ected as q Juror he will try the case
entirely on the evidence which ne ests'
from the witness stand, ard on the eri.
dence alone.
(2) Error In refusing to sustain q chal-
lense foF dos not Justify the ,re.
sersal OF a Judgment where the jury,nan
did not In fact participate in the trial.
and the defendant did snot:exhause all OF
his pere,nptory 4~chailenges.
81 Asstatc's. attorney may commence
u prosecution In the county court for a
violation OF the liquor laws Of North pa.
ksta by the filing OF an Information.
which 10 properly verified alone. and with
out q preliminary states attorneys ex.
animation. and the mere fact that he
may have conducted such preliminary
examination does not make It necessaarry,
Tor him to file the dispositions and testi-
mony there taken. together with the
names OF the witnesses there present.
~ 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 compisslon by the: appellant
Of the crime charged even though the ar
hdavit n not entitled n, any court. there.
being no controversy as to the genuine:
ness Of; the afridayit, and the information,
itself being verified by the states attor-
ney In conformity to the statute.
80 An information for Keeping intox-:
tcatlng liquors for sale as a beverage
contrary. to the provisions of. the. Laws
n North Dakota, and which states that
.Tleretofore. to Wit: At various and sun.
dry times between the LIST day OF April.
1912. n the Seth day 0 November,
1912, In the county " Benson III said
state Of North Dakota, one Lloyd Lesh.
late Of said county 81, Benson and said
State or North Dakota, did commit the.
crime Of keeping intoxicating liquors for
sale az a beverage, committed as follows
70 wit: that at SAID time and place the
said Lloyd Lost: did .wilfully, wrongfully
and uniawfully, Keep intoxicating liq-
uors for sale as sbsvsrage. etc.; suf-
fciently charges the offense OF keeping
intoxicating liquors for sale as a beverage
and. ~ not defective In that It fails TO
specify the date on which. the crime was
committed, nor - II void Tor duplicity.
The ofkense of. keeping intoxicating
sljalors for sale which 10 charged as be-.
Ing committed between. certain dates IL
q continuing onense y; y. such time. and
n acquital under an information will be
: bar to a subsequsnt prosecution for .
eAIe ~ q beverage within such dates.
az IL ~ not error Tor ~ court to fall
q Sypatsuct the jury&hktst me defendants
DsSiect.. tosgoeupon i wtltless stand does
not create or raise my presumption ~
guilt against him where such an instrucs
Ition IL not requested BY the defendant
himself.
81 Ono charged with the oifense o,
keeping Intoxicating liquors for sale AZ
q beverage is not necessarily guilty "
such a crime bccauye ne has neglected
to comply with ths technical rccuire.
mcnts Of the druggists permit net. nor
can u jury be presumed 70 know tho
terms and rcaulremchts d .thet ast Ar
instruction. therefore. - erroneous In
a prosecution for keeping Intoxicating
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