State v. Ahern
Supreme Court of Minnesota
Appeal by defendant, James P. Ahem, from an order of the District Court of Goodhue County, W. C. WilHston, J., made February 20, 1893, denying his motion to set aside a verdict of guilty and grant him a new trial. He was indicted for selling intoxicating liquof on August 9, 1892, at the Town of Goodhue in that county, without license, to Otto Carlson, in quantity less than five gallons. He pleaded not guilty.
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Appeal by defendant, James P. Ahem, from an order of the District Court of Goodhue County, W. C. WilHston, J., made February 20, 1893, denying his motion to set aside a verdict of guilty and grant him a new trial. He was indicted for selling intoxicating liquof on August 9, 1892, at the Town of Goodhue in that county, without license, to Otto Carlson, in quantity less than five gallons. He pleaded not guilty. On the trial Carlson testified that defendant kept a “blind pig,” and that on the day named he bought of defendant at this place a half pint of brandy. Defendant did not testify on the…
1Opinion of the CourtDickinson, J.
Upon the trial of an indictment for the sale of intoxicating liquor without a license, the county attorney commented upon the fact that the defendant had not testified in his own *198behalf as to the kind of liquor sold. This is admitted on the part of the state to have been error. It was a violation of an express provision of the statute passed for the protection of defendants in criminal cases, and the error would have been fatal, under ordinary circumstances. No apology by counsel, nor charge by the court, could be deemed to have certainly averted the consequences which might naturally result,…
2Cases cited1 opinion
- L. Kimball Printing Co. v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1893
3Cited by10 opinions
- State v. StoffelsSupreme Court of Minnesota · 1903
- People v. AmerCalifornia Court of Appeal · 1908
- Commonwealth v. JobeSuperior Court of Pennsylvania · 1927
- Commonwealth v. FreedSuperior Court of Pennsylvania · 1932
- State v. ZempleSupreme Court of Minnesota · 1936
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