State v. Nerbovig
| Decision Date | 23 June 1885 |
| Citation | 33 Minn. 480,24 N.W. 321 |
| Parties | STATE v NERBOVIG. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from a judgment of the district court, Chippewa county.
W. J. Hahn, for the State.
O. S. Berg, for appellant, Nels H. Nerbovig.
There is nothing in the point that the complaint charges two offenses. It charges the selling only of beer, which it describes as either “a fermented or malt liquor.” Only one act is charged. And it sufficiently charges that it was without license. It alleges the act to have been done without having first obtained a license therefor from the county commissioners, which could not be true if he had obtained a license from the board of county commissioners. The allegation necessarily negatives a license from the board, and perhaps goes beyond that.
It appears that the justice examined the complainant on oath within the meaning of the statute. If the complainant presents a written complaint showing an offense by the person charged, and makes oath to it before the justice, that is a sufficient examination to authorize the issuing the warrant.
The absence from the county of the county attorney when the defendant was arraigned was good cause to continue the case for a reasonable time, and in this case the time was not unreasonable. We do not understand that the continuance was granted before the affidavit for it was made, but that on the motion being made the justice announced that it would be granted on an affidavit being made alleging the grounds stated in the application. The docket entries are a little confused, but it appears that the justice required an affidavit, and the inference is a fair one that the motion to continue was not finally granted until the affidavit was made, and all this was done before the affidavit for a transfer was filed. If the justice's direction to the sheriff to make a list of jurors was not regular, then was the time for defendant to object. As he did not, he waived any objection on that ground. The objection that the venire, in all other respects regular, described the action as a civil action, goes to matter of form and not of substance. The jurors were properly drawn, and they all appeared pursuant to the venire; so that there was no prejudice, nor any effect at all, from the use of the word “civil” instead of the word “criminal” in the venire.
The cause was heard on an appeal on questions of law alone, in the district court, at the October term, taken under...
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Raftery v. Bligh
...Constitution, and section 10577 of the General Statutes of Minnesota have been complied with and probable cause shown. State v. Nerbovig, 33 Minn. 480, 24 N. W. 321. Neither the Governor of Massachusetts nor this court, therefore, is concerned with the question of whether the accused can be......
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State ex rel. De Puy v. Evans
...duly sworn, and hence must be regarded as a sufficient examination of the complainant on oath to satisfy the statute. State v. Nerbovig, 24 N. W. 321, 33 Minn. 480;State v. Davie, 62 Wis. 305, 22 N. W. 411. It contains a substantial statement of the offense, in positive terms, and that seem......
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State ex rel. Stundahl v. Richardson
... ... magistrates, and that such complaint is required to be upon ... oath. Campbell v. Thompson, 16 Me. 117. It ... may, also, by itself, if the statement of the criminal charge ... be sufficient, constitute an examination so as to authorize ... the issuance of a warrant. State v ... Nerbovig, 33 Minn. 480, 24 N.W. 321. And if a jurat ... be attached, and it be properly certified by the magistrate, ... as is frequently the case in practice, it will be essentially ... an affidavit. But a complaint is not [34 Minn. 118] ... necessarily an affidavit, nor are they in legal practice or ... ...
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State v. Richardson
...if the statement of the criminal charge be sufficient, constitute an examination so as to authorize the issuance of a warrant. State v. Nerbovig, 33 Minn. 480. And if a jurat be attached, and it be properly certified by the magistrate, as is frequently the case in practice, it will be essen......