Legal Opinion

State v. Pioneer Press Co.

Supreme Court of Minnesota

Decided February 21, 1907No. Nos. 14,997—(22)PublishedCited by 10 opinions

The defendant was indicted for publishing an account of an execution. The district court for Ramsey county, Bunn, J., overruled a demurrer to the indictment and at the request of defendant certified to the supreme court the questions whether chapter 20, Raws 1889, violated section 1 of art. 1 of the state constitution or either of the •other clauses of that instrument mentioned in the syllabus, or section 1 of art. 14 of the federal constitution, and whether the facts stated…

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The defendant was indicted for publishing an account of an execution. The district court for Ramsey county, Bunn, J., overruled a demurrer to the indictment and at the request of defendant certified to the supreme court the questions whether chapter 20, Raws 1889, violated section 1 of art. 1 of the state constitution or either of the •other clauses of that instrument mentioned in the syllabus, or section 1 of art. 14 of the federal constitution, and whether the facts stated in the indictment constituted a public offense.

1Opinion of the CourtLewis, J.

Appellant was indicted for publishing an account of the execution of William Williams, in violation of the provisions of chapter 20, p. 66,. Laws 1889.

The act requires that executions take place before the hour of sunrise on the day designated, in an inclosure from which the public are-excluded, and in the presence of the following persons only:

Sec. 5. Besides the sheriff and his assistants, the following-persons may be present at the execution, but none other: The-clergyman, or priest, in attendance upon the prisoner, and such-other persons as. the prisoner may designate, not exceeding three…

2Cases cited9 opinions

  1. State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
  2. Holden v. MinnesotaSupreme Court of the United States · 1890
  3. Winters v. City of DuluthSupreme Court of Minnesota · 1901
  4. State v. McKeeSupreme Court of Connecticut · 1900
  5. United States v. HarmonDistrict Court, D. Kansas · 1891

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3Cited by10 opinions

  1. State v. HolmSupreme Court of Minnesota · 1918
  2. Smith v. ErvinSupreme Court of Florida · 1953
  3. State Ex Rel. Olson v. GuilfordSupreme Court of Minnesota · 1928
  4. State v. BarnesSupreme Court of Minnesota · 1909
  5. People v. WintersAppellate Division of the Supreme Court of the State of New York · 1944

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