State v. Lehman
Supreme Court of Minnesota
Defendant was indicted by the grand jury for the crime of assault in the second degree, was tried in the district court for Goodhue county before Converse, J., and a jury and convicted of assault in the third degree. Defendant’s motion for arrest of judgment and for a new trial was denied.
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Defendant was indicted by the grand jury for the crime of assault in the second degree, was tried in the district court for Goodhue county before Converse, J., and a jury and convicted of assault in the third degree. Defendant’s motion for arrest of judgment and for a new trial was denied. From the sentence that defendant pay a fine of $50 and the costs of prosecution, and in default of payment be imprisoned in the county jail until phid, not exceeding 90 days in all, he appealed.
1Opinion of the Court
Taylor, C.
Defendant was indicted for an assault in the second degree and was convicted of an assault in the third degree. He made a motion in.arrest of judgment and also for a new trial. These motions were denied; sentence, was imposed, and he appealed.
1. Defendant contends that the indictment fails to charge an intent on his part to injure Carl Mogren, the complaining witness, and is insufficient for that reason. Its sufficiency in all other particulars is not attacked. The indictment is substantially in the language of the statute; and charges that defendant wilfully and wrongfully…
2Cases cited9 opinions
- Commonwealth v. HawkinsMassachusetts Supreme Judicial Court · 1893
- State v. SurryWashington Supreme Court · 1900
- State v. BakerSupreme Court of Rhode Island · 1897
- Hill v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Tyner v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Schlossman v. StateCourt of Special Appeals of Maryland · 1995
- United Life & Accident Insurance v. ProsticCourt of Appeals of Maryland · 1936
- Corn v. SheppardSupreme Court of Minnesota · 1930
- State v. DamuthSupreme Court of Minnesota · 1916
- Sumpter v. CommonwealthCourt of Appeals of Kentucky · 1952
2 more not listed; retrieve them via the Exa API.