State v. Russell
Supreme Court of Minnesota
Defendants W. D. Russell and Charles Dohl were indicted in the district court for Pollr county for keeping their saloon open on Sunday. They moved to set aside the indictment on the grounds (1) that it was not found and presented as prescribed in and by the laws of the state of Minnesota relating to grand juries, and (2) that it was not found by any duly selected, drawn and empaneled grand jury of Polk county.
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Defendants W. D. Russell and Charles Dohl were indicted in the district court for Pollr county for keeping their saloon open on Sunday. They moved to set aside the indictment on the grounds (1) that it was not found and presented as prescribed in and by the laws of the state of Minnesota relating to grand juries, and (2) that it was not found by any duly selected, drawn and empaneled grand jury of Polk county. The court, Ives, J., overruled the motion and at defendants’ request certified the case to the supreme court for its decision.
1Opinion of the CourtCanty, J.
Shortly prior to January, 1897, Polk county had been divided, and out of a part of it the new county of Red Lake had been created, organized with a full set of county officers, and its county seat designated. Prior thereto the board of county commissioners of Polk county consisted of five members, one of whom (one Norland) resided in, and was elected from, a commissioner district which has since become a part of Red Lake county. He was elected for a term which would expire in 1899. On January 26, 1897, the other four commissioners met with Norland, who still assumed to act as a member of the…
2Cases cited1 opinion
- State ex rel. Kelly v. KilbourneSupreme Court of Minnesota · 1897
3Cited by4 opinions
- State v. AmesSupreme Court of Minnesota · 1903
- State v. GardenSupreme Court of Minnesota · 1963
- State v. CooleySupreme Court of Minnesota · 1898
- State v. GowanSupreme Court of Minnesota · 1973