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eBook details

• Title: State North Dakota v. Oscar Houge
• Author : Supreme Court of North Dakota
• Release Date : January 19, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The defendant was convicted in the county court of Ransom county of engaging in the liquor traffic and he appeals from the
judgment of conviction and from an order denying his motion in arrest of judgment. The sole question presented for determination
is whether at the time of the conviction and sentence there was any statute in this state authorizing punishment to be imposed
upon the defendant. The information charges that the defendant committed the crime of engaging in the liquor traffic in Ransom
county on the 6th day of March, 1935. It is conceded that the information sets forth facts which show that the defendant at
that time committed a public offense. But it is contended by the appellant that the statute which defendant then violated
was repealed and abrogated by the liquor control act initiated pursuant to the initiative provision of the constitution and
adopted at the general election in 1936, and that as soon as the latter act became effective it not only repealed the former
statutes (making it an offense to engage in the liquor traffic), but abrogated all penalties and punishments for any and all
violations of said statutes while they were in force. In this state the manufacture and sale of intoxicating liquors for beverage purposes were forbidden by the constitution (N.D.
Const. § 217) and appropriate legislation was enacted to put the constitutional mandate into effect. The constitutional
provision was repealed by constitutional amendment adopted at the general election in 1932. Art. 47, Amendments N.D. Const.;
Laws 1933, p. 492. But the repeal did not abrogate or repeal the then existing statutes prohibiting the importation, manufacture,
sale, or possession of intoxicating liquor for beverage purposes. Re Aipperspach, 63 N.D. 358, 248 N.W. 488; State v. Norton,
64 N.D. 675, 255 N.W. 787. See also State v. Ligaarden, 59 N.D. 475, 230 N.W. 729, 70 A.L.R. 126; Fylken v. Minot, 66 N.D.
251, 264 N.W. 728, 103 A.L.R. 320.

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