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From Ward County State of North Dakota, Respondent. vs. G. W. Shank, Appellant. SYLLABUS: A person who is driving an automobile in this state and who voluntarily states to others that such automobile contains a large quantity of intoxicating liquor, thereby admits that he is then engaged in the commission of a public offense (Chapter 97, Laws 1921) and he may be lawfully arrested by the persons to whom such statement is made even though they are not peace officers (Section 10573, C. L. 1913); and where such statement is voluntarily made before arrest and search the statement and the liquor found in the automobile upon the arrest, are not rendered inadmissible in evidence by Sections 13 and 18 of the Constitution of this state. Appeal from the district court of Ward County, Geo. H. Moellring, J. G. W. Shank was convicted of the unlawful transportation of liquor and he appeals. AFFIRMED. Opinion of the Court by Christianson, J. Fisk, Murphy & Nash, of Minot, N. D., attorneys for appellant. Geo. F. Shafer, Attorney General, Bismarck, N. D., C. E. Stenersen, State's Attorney, Minot, N. D. and O. B. Herigstad, Assistant State's Attorney, Minot, N. D., attorneys for respondent. From Ward County Fred L. Anderson, as Receiver of Donnybrook State Bank, Plaintiff and Appellant. vs. Osborne-McMillan Elevator Company, Defendant and Respondent. SYLLABUS: 1. An action properly triable to a jury but tried to the court without a jury is not triable anew in the Supreme Court. 2. Where in an action properly triable to a jury the appellant fails to make any specifications of error or specifications of insufficiency of the evidence, the appeal does not present to the supreme court the question of the sufficiency of the evidence to sustain the findings of fact made by the trial court. From a judgment of the district