State v. Holton
Supreme Court of Minnesota
Defendant, having been indicted in the district court for Olmsted county of the crime of grand larceny in the second degree, ■entered a plea of former jeopardy, to which plea the state interposed a general demurrer. The case was heard before Snow, J., who made an order sustaining the demurrer, and at defendant’s request certified to the supreme court for its determination the questions stated in the opinion.
1Opinion of the Court
START, O. J.
On December 12, 1901, the grand jury returned to the district ■court of the county of Olmsted an indictment against the defendant, accusing him of the crime of grand larceny in the second degree, in that he feloniously appropriated to his own use certain money in his possession as bailee, with intent to deprive the owner thereof, naming him. The name of the bailor was not alleged in the indictment, nor any fact showing that the defendant was a bailee of the money. The defendant pleaded not guilty, and a jury was impaneled and sworn to try the cause. A witness was called by the…
2Cases cited4 opinions
- Knox ex rel. Knox v. Board of EducationSupreme Court of Kansas · 1891
- State v. MimsSupreme Court of Minnesota · 1879
- People v. PoggiCalifornia Supreme Court · 1862
- State v. GriffithSupreme Court of Kansas · 1891
3Cited by8 opinions
- State v. FellowsSupreme Court of Minnesota · 1906
- State v. GaulkeSupreme Court of Minnesota · 1968
- State v. IsaacsonSupreme Court of Minnesota · 1923
- State v. MarxSupreme Court of Minnesota · 1918
- State v. SchoemperlenaSupreme Court of Minnesota · 1907
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