State v. Staples
Supreme Court of Minnesota
Defendant was indicted by tbe grand jury of tbe' crime of manslaughter in tbe second degree, tried in tbe district court for Benton •county before Boeser, J., and a jury, and Convicted.
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Defendant was indicted by tbe grand jury of tbe' crime of manslaughter in tbe second degree, tried in tbe district court for Benton •county before Boeser, J., and a jury, and Convicted. Defendant moved for a new trial for tbe reason that tbe indictment was defective in not stating facts sufficient to constitute a public offense, and tbe •questions of law arising in determining that motion were certified to this court pursuant to tbe provisions of G. S. 1913, § 9251, upon tbe following questions: (1) Are tbe facts stated in said indictment sufficient to con.stitute a public offense? (2) Are…
1Opinion of the CourtHallam, J.
Defendant was convicted of manslaughter in the second degree. On the trial her counsel objected to the introduction of any evidence on the ground that the indictment did not state facts sufficient to constitute a public offense. This objection was overruled. The correctness of this ruling is the question presented on this appeal.
1. The offense of manslaughter in the second degree is committed, by the killing of a human being when done without a design to effect death, “by any act, procurement, or culpable negligence * * * which * * * ¿0es not constitute the crime of murder in the first or…
2Cases cited16 opinions
- Cox v. . the PeopleNew York Court of Appeals · 1880
- Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
- Watson v. StateSupreme Court of Georgia · 1902
- Dolan v. . PeopleNew York Court of Appeals · 1876
- People v. PearneCalifornia Supreme Court · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Craig v. StateCourt of Appeals of Maryland · 1959
- Vesey v. VeseySupreme Court of Minnesota · 1952
- State v. HouseOregon Supreme Court · 1971
- Faunteroy v. United StatesDistrict of Columbia Court of Appeals · 1980
- State v. LesterSupreme Court of Minnesota · 1914
14 more not listed; retrieve them via the Exa API.