Legal Opinion

State v. Grimes

Supreme Court of Minnesota

Decided May 3, 1892PublishedCited by 9 opinions

Appeal by defendant, John Grimes, from an order of the Municipal Court of the city of Minneapolis, Mahoney, J., made September 11, 1891, refusing him a new trial. Complaint was made in said court that on June 30, 1891, in said city, John Grimes kept a gambling device known as a stock clock, then and there used in gambling, contrary to an ordinance of that city.

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Appeal by defendant, John Grimes, from an order of the Municipal Court of the city of Minneapolis, Mahoney, J., made September 11, 1891, refusing him a new trial. Complaint was made in said court that on June 30, 1891, in said city, John Grimes kept a gambling device known as a stock clock, then and there used in gambling, contrary to an ordinance of that city. He was arrested, tried, and found guilty, and fined $100. He made a motion for a new trial, on the ground that the verdict was not justified by the evidence, and was contrary to law, and for errors of law occurring at the trial and…

1Opinion of the CourtMitchell, J.

The charter of the city of Minneapolis gives the city council power by ordinance “to restrain and prohibit all descriptions of gambling and fraudulent devices and practices, and all playing of cards, dice, or other games of chance for the purpose of gambling, in said city.” Sp. Laws 1881, ch. 76, subch. 4, § 5.

Under this authority the council passed an ordinance providing that “no person shall keep or set up any gambling device whatever, designed to be used in gambling or gaming, ” and imposing a penalty for its violation. The ordinance was clearly authorized by the charter. Authorities are…

2Cases cited2 opinions

  1. State v. ShawSupreme Court of Minnesota · 1888
  2. Francis v. EddySupreme Court of Minnesota · 1892

3Cited by9 opinions

  1. Lyman v. . KurtzNew York Court of Appeals · 1901
  2. State Ex Rel. State Line Sparkler of WV, Ltd. v. TeachWest Virginia Supreme Court · 1992
  3. Boynton v. EllisCourt of Appeals for the Tenth Circuit · 1932
  4. Foley v. WhelanSupreme Court of Minnesota · 1945
  5. City of St. Paul v. StovallSupreme Court of Minnesota · 1948

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