State v. Nelson
Supreme Court of Minnesota
Defendant was indicted and found guilty by a jury of the crime of perjury. From an order of the district court for Hennepin county, McGee, J., denying a motion for a new trial, defendant appealed. Form No. 24 of an indictment for perjury contained in G. S. 1894, § 7239, contravenes Const, art. 1, §§ 6, 7, in that it dispenses with the “assignments of perjury.”
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Defendant was indicted and found guilty by a jury of the crime of perjury. From an order of the district court for Hennepin county, McGee, J., denying a motion for a new trial, defendant appealed. Form No. 24 of an indictment for perjury contained in G. S. 1894, § 7239, contravenes Const, art. 1, §§ 6, 7, in that it dispenses with the “assignments of perjury.” The principles that control the interpretation of these constitutional provisions and their application to statutory forms of criminal indictments are clearly stated in State v. Learned, 47 Me. 426; Williams v. State, 12 Tex. App. 395;…
1Opinion of the Court
MITCHELL, J.1
The defendant was tried and convicted of the crime of perjury upon the following indictment:
“Peter Nelson is accused by the grand jury of the county of Hennepin, in the State of Minnesota, by this indictment, of the crime of perjury, committed as follows:
The said Peter Nelson, on the 17th day of November, A. D. 1897, at the city of Minneapolis, in said Hennepin county, then and there being, on his examination as a witness, duly sworn to testify the *411truth on the trial of a criminal action between the state of Minnesota, plaintiff, and George A. Durnam, defendant, in the district…
2Cases cited6 opinions
- State v. DukeTexas Supreme Court · 1874
- Murphy v. StateCourt of Appeals of Mississippi · 1852
- State v. LearnedSupreme Judicial Court of Maine · 1859
- Bryan v. StateSupreme Court of Alabama · 1871
- Blake v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. EichSupreme Court of Minnesota · 1938
- Fudge v. StateSupreme Court of Florida · 1909
- State v. AmesSupreme Court of Minnesota · 1904
- State v. GallaugherSupreme Court of Iowa · 1904
- State v. SmithSupreme Court of Minnesota · 1922
6 more not listed; retrieve them via the Exa API.