State v. Arbes
Supreme Court of Minnesota
Indictment before the district court for Dodge county for illegal sale of intoxicating liquors without first having obtained a license therefor. At the trial when the state rested, defendant moved to dismiss the case because of a fatal variance between the indictment and the proof.
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Indictment before the district court for Dodge county for illegal sale of intoxicating liquors without first having obtained a license therefor. At the trial when the state rested, defendant moved to dismiss the case because of a fatal variance between the indictment and the proof. That the proof and admissions showed that Claremont is an incorporated village and the crime, if committed, was committed within the corporate limits of the village, and that “license” was voted down prior to the time of the alleged offense. That the crime, if committed, was committed in an incorporated village and…
1Opinion of the CourtCanty, J.
Defendant was indicted for the crime of selling intoxicating liquor without a license, was convicted and sentenced, and appeals from the judgment.
1. The indictment was found at the October, 1896, term of court. The defendant was then arraigned, and pleaded not guilty, and the case was by consent continued to the next term, at which, on April 28, 1897, the case was called for trial. Defendant then, and before the jury was impaneled, asked leave to withdraw his plea of not guilty for the purpose -of moving to quash the indictment, for the reason that two of the grand jurors who. returned the…
2Cases cited2 opinions
- State v. HanleySupreme Court of Minnesota · 1879
- State v. HoltSupreme Court of Minnesota · 1897
3Cited by3 opinions
- State v. JonesSupreme Court of Minnesota · 1951
- State v. PerraSupreme Court of Minnesota · 1963
- State v. SwansonSupreme Court of Minnesota · 1901