State v. Brinkman
Supreme Court of Minnesota
Defendants were indicted by the grand jury of McLeod county charged with the crime of assault in the second degree, tried in the district court for that county before Tifft, J., who when the state rested granted the motion of defendant Donnay to dismiss as to him and denied the motion of the other defendants to dismiss as to them, and at the close of the testimony denied defendants’ motions to dismiss or to direct a verdict in their favor, and a jury which found defendants…
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Defendants were indicted by the grand jury of McLeod county charged with the crime of assault in the second degree, tried in the district court for that county before Tifft, J., who when the state rested granted the motion of defendant Donnay to dismiss as to him and denied the motion of the other defendants to dismiss as to them, and at the close of the testimony denied defendants’ motions to dismiss or to direct a verdict in their favor, and a jury which found defendants guilty as charged in the indictment. From the order denying their motion for a new trial, defendants Brinkman, Hanson and…
1Opinion of the CourtDibell, J.
The defendants Brinkman, Graupman and Hanson were convicted of assault in the second degree and appeal from the order denying their motion for a new trial.
1. Under an indictment for one degree of a crime a defendant may be *19convicted of a lesser degree .of the same crime if the facts warrant. G. S. 1913, §§ 8476, 9213. And, if the evidence is such that a jury may convict of the lesser degree, the accused is entitled to an appropriate instruc- * tion submitting the lesser degree. ■ State v. Smith, 56 Minn. 78, 57 N. W. 325.
2. None of the three defendants personally committed the assault. It…
2Cases cited2 opinions
- State v. GaularppSupreme Court of Minnesota · 1919
- State v. SmithSupreme Court of Minnesota · 1894
3Cited by7 opinions
- State v. JordanSupreme Court of Minnesota · 1965
- State v. MonteithIdaho Supreme Court · 1933
- State v. MorrisSupreme Court of Minnesota · 1921
- State v. JenkinsSupreme Court of Minnesota · 1927
- State v. NorlanderSupreme Court of Minnesota · 1967
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