Legal Opinion

State v. Cotton

Supreme Court of Minnesota

Decided June 7, 1882PublishedCited by 5 opinions

Appeal by defendant from an order of the municipal court of Minneapolis refusing a new trial, after a conviction and the imposition of a fine.

1Opinion of the CourtGilfillan, C. J.

This was a prosecution commenced before the municipal court of the city of Minneapolis, for obstructing a public highway. The act of obstructing a public highway being a public offence, the prosecution is a criminal, and not a civil action. Gen. St. 1878, c. 13, §§ 65-6; c. 78, § 10; Dawson v. St. Paul F. & M. Ins. Co., 15 Minn. 136. The proper pleading for defendant, when arraigned, is the plea of “guilty,” or “not guilty.” In this case he tendered an answer as though it were a civil action, which was properly rejected by the court, and the plea of “not guilty” properly entered.

In such a…

2Cases cited4 opinions

  1. Striker v. MottNew York Supreme Court · 1831
  2. Dawson v. St. Paul Fire & Marine Ins.Supreme Court of Minnesota · 1870
  3. Saunders v. A. & W. WilsonNew York Supreme Court · 1836
  4. Whiting v. DudleyNew York Supreme Court · 1838

3Cited by5 opinions

  1. Malarkey v. O'LearyOregon Supreme Court · 1899
  2. Radley v. O'LearySupreme Court of Minnesota · 1886
  3. Sorenson v. TorvestadSupreme Court of Minnesota · 1905
  4. State v. HagerSupreme Court of Minnesota · 1912
  5. State v. SweeneySupreme Court of Minnesota · 1884

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