Legal Opinion

State v. Johnson

Supreme Court of Minnesota

Decided December 8, 1887PublishedCited by 13 opinions

The defendant was tried, with two others, in the district court for Dakota county, before Crosby, J., on an indictment for murder in the first degree, and was found guilty of manslaughter in the first, degree. He appeals from an order refusing a new trial.

1Opinion of the CourtGiufillan, C. J.

The defendant was indicted with two others for murder in the first degree, and was convicted of manslaughter in the first degree. Several exceptions are taken to the indictment: First.. It does not allege that the killing was done “with a premeditated de*494sign to effect the death” of the person killed, which words are used by the Criminal Code in defining the crime. Penal Code, § 152. It follows the form given in Gen. St. 1878, c. 108, § 2, which, instead of the foregoing words, uses the words “without the authority of law, and with malice aforethought.” The definition of murder in the first…

2Cited by13 opinions

  1. Horn v. StateWyoming Supreme Court · 1903
  2. State v. JohnsonSupreme Court of Minnesota · 1928
  3. State v. HarrisSupreme Court of Minnesota · 2017
  4. State v. SailorSupreme Court of Minnesota · 1915
  5. State v. GaularppSupreme Court of Minnesota · 1919

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