State v. Wagner
Supreme Court of Minnesota
Defendant was tried and convicted, in the municipal court of the city of Minneapolis, on a complaint for assault and battery. At the trial the defendant excepted to the ruling of the court refusing to permit him to close the argument to the jury. For this alleged error, and on the ground that the verdict was against evidence, and on affidavits of newly-discovered evidence, the defendant moved for a new trial, which was denied, and he appealed to this, court.
1Opinion of the CourtBerry, J.
1. “When the evidence is concluded upon the trial of any indictment, in the district courts or courts of common pleas in this state, * * * the defendant shall conclude the argument to the jury,” Laws 1875, c. LL, § I-
*545This provision relates to the trial of indictments only. It cannot be made applicable to the municipal court of the city of Minneapolis, under Sp. Laws 1874, c. 141, § 12, because the proceeding by indictment is there Unknown.
2. Notwithstanding the defendant’s claim to the contrary, there is certainly evidence in the case reasonably tending to sustain and justify the verdict.
3.…
2Cases cited3 opinions
- State v. DumpheySupreme Court of Minnesota · 1860
- Nininger v. KnoxSupreme Court of Minnesota · 1863
- Mead v. ConstansSupreme Court of Minnesota · 1861
3Cited by1 opinion
- State v. CantienySupreme Court of Minnesota · 1885