Legal Opinion

State v. Rose

Supreme Court of Minnesota

Decided December 8, 1897No. Nos. 10,886-(27)PublishedCited by 9 opinions

The defendant and three others were indicted for the crime of forgery in the second degree. When arraigned in the district court for Ramsey county, defendant interposed a separate demurrer to the indictment on the grounds that more than one offense was charged and that the facts stated in the indictment did not constitute a public offense. The demurrer was overruled. Upon a trial the jury returned a verdict of guilty.

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The defendant and three others were indicted for the crime of forgery in the second degree. When arraigned in the district court for Ramsey county, defendant interposed a separate demurrer to the indictment on the grounds that more than one offense was charged and that the facts stated in the indictment did not constitute a public offense. The demurrer was overruled. Upon a trial the jury returned a verdict of guilty. From an order denying a motion for a new trial, Kelly, J., defendant appealed. The term “an instrument or writing” as used in the last paragraph of Gr. S. 1894, § 6692, subd. 2,…

1Opinion of the CourtCollins, J.

Defendant and three other persons were accused by an indictment found against them of the crime of forgery in the second degree, committed by uttering, publishing, and putting off as true, with intent to defraud, a certain false and forged written instrument. G. S. 1894, § 6702. A demurrer was interposed in defendant’s behalf and overruled. Upon a separate trial he stood convicted, and this appeal is from an order denying his motion for a new trial. The demurrer was somewhat novel, for, as the first ground therefor, it was urged that more than one offense was charged, while, as a second…

2Cases cited1 opinion

  1. Marsh v. WebberSupreme Court of Minnesota · 1871

3Cited by9 opinions

  1. State v. WoffordSupreme Court of Minnesota · 1962
  2. Withaup v. United StatesCourt of Appeals for the Eighth Circuit · 1903
  3. State v. ClarkSupreme Court of Minnesota · 1965
  4. State v. O'DONNELLSupreme Court of Minnesota · 1968
  5. State v. LuchenSupreme Court of Minnesota · 1915

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