State v. Scott
Supreme Court of Minnesota
Defendant was tried in the district court for Pine county, before Crosby, J., and a jury, on an indictment for murder in the first degree, was convicted of murder in the second degree, and appeals from an order refusing a new trial.' The deceased, Sidney K. Irwin, was killed, on November 22, 1888, by a shot from defendant’s pistol in a scuffle immediately following abusive language addressed to him by defendant, who, according to his own testimony, had (taking his wife with…
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Defendant was tried in the district court for Pine county, before Crosby, J., and a jury, on an indictment for murder in the first degree, was convicted of murder in the second degree, and appeals from an order refusing a new trial.' The deceased, Sidney K. Irwin, was killed, on November 22, 1888, by a shot from defendant’s pistol in a scuffle immediately following abusive language addressed to him by defendant, who, according to his own testimony, had (taking his wife with him) sought out Irwin to demand an explanation of acts done by him a few days before and words spoken by him the…
1Opinion of the CourtDickinson, J.
Upon an indictment for murder in the first degree the defendant was found guilty of murder in the second degree, which, as defined by our Penal Code, involves a homicidal design, but without premeditation. This appeal is from an order refusing a new trial.
There was no error in refusing to allow the defendant to challenge jurors peremptorily after 12 jurors had been called, and either accepted as jurors without challenge, or, if challenged, found to be competent. The defendant, having waived his right to challenge peremptorily as to some one or more jurors at the time and in the order…
2Cases cited10 opinions
- Freeman v. PeopleNew York Supreme Court · 1847
- Adams v. PeopleIllinois Supreme Court · 1868
- State v. ArmingtonSupreme Court of Minnesota · 1878
- Flanagan v. . People of the State of N.Y.New York Court of Appeals · 1873
- State v. NeeleySupreme Court of Iowa · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
- Davis v. StateSupreme Court of Florida · 1902
- State v. RawlandSupreme Court of Minnesota · 1972
- Anderson v. GrasbergSupreme Court of Minnesota · 1956
- Commonwealth v. MarionSupreme Court of Pennsylvania · 1911
11 more not listed; retrieve them via the Exa API.