Legal Opinion

State v. Wyman

Supreme Court of Minnesota

Decided December 20, 1889PublishedCited by 2 opinions

Writ of error to the district court for Waseca county, where defendant was convicted on a trial before Buckham, J., and a jury, and sentenced to pay a fine of $ 100 and costs, and be committed to the county jail for 30 days. The record contains no bill of exceptions, but contains a statement of evidence and of the charge at the trial, certified by the clerk of the court, and not showing any exceptions taken by defendant.

1Opinion of the CourtVanderburgh, J.

Indictment for selling intoxicating liquors without a license. The first assignment of error is that the indictment does not show that the quantity of liquor sold was less than five gallons. This is the only objection to the indictment. The amount specified as having been so sold is one gill of whiskey. This, however, sufficiently defines the quantity sold, and on the face of the indictment shows that it was within the statutory limit. State v. Lavake, *18326 Minn. 526, (6 N. W. Rep. 339.) The other questions in the caso are such as could only be raised upon a bill of exceptions duly settled and…

2Cases cited2 opinions

  1. State v. LavakeSupreme Court of Minnesota · 1880
  2. State v. MillerSupreme Court of Minnesota · 1877

3Cited by2 opinions

  1. State v. SwanSupreme Court of Minnesota · 1922
  2. State v. ShannonSupreme Court of Minnesota · 1952

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