State v. Shaw
Supreme Court of Minnesota
The defendants Frank Shaw and Harry Brannigan, being indicted in the district court for Ramsey county, interposed a general demurrer, which was overruled by Kelly, J., and thereupon the case was certified to this court, under Gen. St. 1878, c. 117, § 11.
1Opinion of the CourtVanderburgh, J.
This appeal involves the construction of sections 294, 295, Pen. Code. As the Code has abolished all common-law offences except as defined and made punishable thereby, (section 2,) the indictment must stand or fall by the interpretation to be given, the sections named.
1. Chapter 9, tit. 10, Pen. Code, is substantially a transcript of corresponding sections in chapter 99, Gen. St. 1878, except that section 12 of the last chapter, expressly declaring gambling to be a misdemeanor, and fixing the penalty, is omitted. But we are of the opinion that section 12 was omitted because the prohibited…
2Cases cited2 opinions
- People v. WeithoffMichigan Supreme Court · 1883
- Commonwealth v. MoodyMassachusetts Supreme Judicial Court · 1887
3Cited by22 opinions
- People v. BrophyCalifornia Court of Appeal · 1942
- State v. MurzdaSupreme Court of New Jersey · 1936
- State v. EndSupreme Court of Minnesota · 1950
- Thrower v. StateSupreme Court of Georgia · 1903
- Albright v. KarstonSupreme Court of Arkansas · 1943
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