State v. Rieger
Supreme Court of Minnesota
Appeal by defendant, John H. Rieger, from a judgment of the District Court of McLeod County, Francis Cadwell, J., entered June 2, 1894, that he is guilty of removing stored grain from his warehouse at Glencoe without authority of the owner and that he be punished therefor by confinement at hard labor for two years in the penitentiary at Stillwater.
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Appeal by defendant, John H. Rieger, from a judgment of the District Court of McLeod County, Francis Cadwell, J., entered June 2, 1894, that he is guilty of removing stored grain from his warehouse at Glencoe without authority of the owner and that he be punished therefor by confinement at hard labor for two years in the penitentiary at Stillwater. On September 22, 1891, James Keenan deposited two hundred and sixty bushels No. 1 wheat in store with defendant at Glencoe and took his receipt therefor, a copy of which is set out in the opinion. Defendant failed in business in January, 1892, and…
1Opinion of the CourtMitchell, J.
The defendant was indicted and convicted under Laws 1876, ch. 86, §§ 6, 8 (1878 G. S. ch. 124, §§ 18, 20), of disposing of certain grain, and delivering it out of the warehouse in which it *154was held by Mm in store, without the express authority of the owner and the return of the receipt given for the same.
The point is made that these sections of the statute have been repealed by Penal Code, § 415, under which alone, if at all, the defendant could be indicted and punished, and that the indictment is insufficient under the Penal Code, because it does not allege that the act was done “with intent…
2Cited by8 opinions
- State v. HumphreysOregon Supreme Court · 1902
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- State ex rel. Broadwater Farms Co. v. Broadwater Elevator Co.Montana Supreme Court · 1921
- State v. HenzellIdaho Supreme Court · 1910
- State v. EdwardsSupreme Court of Missouri · 1940
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