State v. Lester
Supreme Court of Minnesota
Defendant was indicted by the grand jury of Douglas county of the crime of manslaughter in the second degree. He was tried before Parsons, J., who overruled defendant’s demurrer to the indictment, and at the request of defendant certified to this court the question whether the court erred in overruling the demurrer of defendant or in refusing to sustain any of his objections to the indictment.
1Opinion of the CourtPhilip E. Brown-, J.
Defendant demurred to an indictment accusing him of the offense of manslaughter in second degree, on the ground that the acts or omissions charged were not stated with sufficient certainty to, and did not, constitute a public offense. The court below overruled the demurrer and certified the case here.
The indictment was found under G. S. 1913, § 8612, subd. 3, declaring manslaughter to be of this degree when committed without any design to effect death, “by any act, procurement or culpable negligence” not constituting a higher crime. Omitting formal parts, it alleged that defendant:
“Without…
2Cases cited8 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Hampton v. StateSupreme Court of Florida · 1905
- State v. StaplesSupreme Court of Minnesota · 1914
- Stehr v. StateNebraska Supreme Court · 1913
- State v. HardisterSupreme Court of Arkansas · 1882
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3Cited by17 opinions
- State v. BolsingerSupreme Court of Minnesota · 1946
- State v. McMahanIdaho Supreme Court · 1937
- State v. WrightSupreme Judicial Court of Maine · 1929
- State v. GoldstoneSupreme Court of Minnesota · 1920
- State v. CatellierWyoming Supreme Court · 1947
12 more not listed; retrieve them via the Exa API.