State v. Dick
Supreme Court of Minnesota
Defendant was tried and convicted in the district court for Wright county, before Pond, J., on an indictment for selling “intoxicating liquor, to wit, beer,” “on the 30th day of November, A. D. 1890, being the Sabbath day,” and was sentenced to pay a fine of $75, and costs of prosecution, and to 30 days’ imprisonment in the county jail, and to stand committed until payment of the fine and costs. He appeals from the judgment and from an order denying a new trial.
1Opinion of the CourtDicKInson, J.
1. Upon the points that the grand-jury list had not been certified and signed by the chairman of the board of county commissioners, as required bylaw, and that the court erred in calling in two grand jurors by special venire, we hold, as we did in State v. Schumm, supra, p. 373, that the objection by motion to dismiss the indictment was not made in time. It was not made until after the defendant had pleaded to the indictment. While he was afterwards allowed to withdraw his plea of not guilty, it does not appear that this was allowed for the purpose of enabling him to make such a motion. His…
2Cases cited2 opinions
- Briffitt v. StateWisconsin Supreme Court · 1883
- Myers v. StateIndiana Supreme Court · 1884
3Cited by8 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Wegan v. Village of LexingtonSupreme Court of Minnesota · 1981
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- State v. GibbsSupreme Court of Minnesota · 1909
- State v. DrewsSupreme Court of Minnesota · 1966
3 more not listed; retrieve them via the Exa API.