State v. Van Vleet
Supreme Court of Minnesota
Defendant was indicted by tbe grand jury for tbe crime of selling intoxicating liquor without a license, tried in the district court for Freeborn county before Gatherwood, J., who denied defendant’s motion to quash the indictment, and a jury which returned a verdict of guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
Defendant was indicted and convicted for selling a pint of whiskey in a county where sales of intoxicating liquors are prohibited. He appeals from the order denying a new trial.
1. Defendant was bound over to await the 'action of the grand, jury' upon the charge for which he was indicted. Hence it may be doubted that the motion, made at the time of his arraignment, to set aside the indictment for irregularity in the drawing of the grand jury, was timely, for he could have raised the samé question by interposing a challenge to the array or panel after the grand jurors were sworn and charged and…
2Cases cited7 opinions
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
- People v. PaymentMichigan Supreme Court · 1896
- State ex rel. Derusha v. McMartinSupreme Court of Minnesota · 1889
- State v. GreenmanSupreme Court of Minnesota · 1876
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3Cited by1 opinion
- State v. ClarkSupreme Court of Minnesota · 1923