Legal Opinion

State v. Stein

Supreme Court of Minnesota

Decided February 23, 1892PublishedCited by 14 opinions

Indictment of Henry Stein for perjury. His demurrer thereto was overruled, Canty, J., July 25, 1891, and, the questions of law arising thereon being important, the case was reported, with defendant’s consent, to this court, pursuant to 1878 G. S. ch. 117, § 11. The indictment was as follows, viz.: The District Court for the County of Wright and State of Minnesota. The State of Minnesota against Henry Stein, Defendant.

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Indictment of Henry Stein for perjury. His demurrer thereto was overruled, Canty, J., July 25, 1891, and, the questions of law arising thereon being important, the case was reported, with defendant’s consent, to this court, pursuant to 1878 G. S. ch. 117, § 11. The indictment was as follows, viz.: The District Court for the County of Wright and State of Minnesota. The State of Minnesota against Henry Stein, Defendant. Henry Stein is accused by the grand jury of the county of Wright and state of Minnesota, by this indictment, of the, crime of perjury, committed as follows: The said Henry Stein…

1Opinion of the Court

Collins, S.

The defendant stands indicted for the crime of perjury, and the sole question presented for our consideration is as to the sufficiency of the indictment as against a general demurrer, which was overruled in the court below. It is the contention of defendant’s counsel that in two particulars the pleading is fatally *469defective: First, that there is no adequate description of the court, or of its jurisdiction, in which the perjury is said to have been committed; and, second, that, in neglecting to aver that on the occasion mentioned the defendant willfully and knowingly testified…

2Cases cited3 opinions

  1. State v. . MasseySupreme Court of North Carolina · 1887
  2. State v. SleeperSupreme Court of Vermont · 1864
  3. State v. ThomasSupreme Court of Minnesota · 1873

3Cited by14 opinions

  1. Rulovitch v. United StatesCourt of Appeals for the Third Circuit · 1923
  2. Indianapolis Traction & Terminal Co. v. HenbyIndiana Supreme Court · 1912
  3. State v. SpencerSupreme Court of Louisiana · 1893
  4. Tapack v. United StatesCourt of Appeals for the Third Circuit · 1915
  5. State v. BronkolNorth Dakota Supreme Court · 1896

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