State v. Stokely
Supreme Court of Minnesota
The defendant, Thomas Courtney, Edward McGovern, Edward J. Pauline and Benjamin P. Zaracher, were indicted together for murder, committed in the organized county of Saint Louis, to which the unorganized counties of Lake, Carlton and Itasca are attached for judicial purposes. The indictment was entitled in the counties of St. Louis, Lake, Carlton and Itasca, and the grand jury who found it were selected from such counties.
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The defendant, Thomas Courtney, Edward McGovern, Edward J. Pauline and Benjamin P. Zaracher, were indicted together for murder, committed in the organized county of Saint Louis, to which the unorganized counties of Lake, Carlton and Itasca are attached for judicial purposes. The indictment was entitled in the counties of St. Louis, Lake, Carlton and Itasca, and the grand jury who found it were selected from such counties. The defendants moved to set aside and quash the indictment, upon the ground that the offense was committed in St. Louis county, and the indictment was found by a grand jury…
1Opinion of the Court
By the Court
Ripley, Ch. J.
The defendant contends that ch. 112 of the Laws of 1867, (p. 156) only applies to the unorganized counties attached to an organized county for judicial purposes, and that St. Louis, the county in which the offense was committed, being an organized county, the indictment should have been found by a jury of that county.
It cannot be denied that the wording of the preamble, and of portions of the act, countenance the position. - It is evident, however, from the whole of sections one and two, when read together, that the expression “ such counties," in the third line of…
2Cases cited3 opinions
- Maton v. PeopleIllinois Supreme Court · 1854
- Mackubin v. SmithSupreme Court of Minnesota · 1861
- State v. MillerSupreme Court of Minnesota · 1865
3Cited by8 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
- Territory v. EganSupreme Court Of The Territory Of Dakota · 1882
- State Ex Rel. Hemming v. ColemanSupreme Court of Florida · 1938
- Rhyne v. Manchester Assurance Co.Supreme Court of Oklahoma · 1904
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