State v. Garvey
Supreme Court of Minnesota
An indictment was presented by tbe grand jury of Sibley county to tbe District Court of said county, against tbe defendant, under Cbap. 41 laws of 1864, for an assault with intent to do great bodily barm, being armed with a dangerous weapon. TJpon tbe trial tbe defendant was found guilty, and sentenced by tbe court to one year’s bard labor in tbe State’s prison. Tbe defendant removes tbe case to this court by writ of error.
Read the full summary
An indictment was presented by tbe grand jury of Sibley county to tbe District Court of said county, against tbe defendant, under Cbap. 41 laws of 1864, for an assault with intent to do great bodily barm, being armed with a dangerous weapon. TJpon tbe trial tbe defendant was found guilty, and sentenced by tbe court to one year’s bard labor in tbe State’s prison. Tbe defendant removes tbe case to this court by writ of error. Tbe errors complained of sufficiently appear in tbe opinion of tbe Court. Tbe District Judge erred in refusing to charge tbe jury as requested by tbe plaintiff in error.…
1Opinion of the Court
By the Gowrt
-"Wilson, Oh. J.
The plaintiff in error asks for a reversal of the judgment in this case, for insufficiency of the indictment, and errors in the charge and rulings of the court.
No objection was taken to the indictment by demurrer or motion, and therefore none can now be entertained except on the ground that the facts stated do not constitute a public, offence, the jurisdiction of the court not being questioned.
The defendant below was charged under Chap. 41 of the Laws of 1964, with an assault with intent to do great bodily •harm. That statute provides, that “if any person being…
2Cases cited2 opinions
- State v. HinckleySupreme Court of Minnesota · 1860
- People v. PettitNew York Supreme Court · 1808
3Cited by13 opinions
- Aszman v. StateIndiana Supreme Court · 1890
- State v. RobinsonWest Virginia Supreme Court · 1882
- State v. GutSupreme Court of Minnesota · 1868
- Cheadle v. StateCourt of Criminal Appeals of Oklahoma · 1915
- Crosby v. PeopleIllinois Supreme Court · 1891
8 more not listed; retrieve them via the Exa API.