Legal Opinion

Hoberg v. State

Supreme Court of Minnesota

Decided July 15, 1859PublishedCited by 16 opinions

The indictment in this case was found by the Grand Jury of Nicollet County, and the Defendant was tried in Brown County, upon a change of venue. He was found guilty of grand larceny, and sued but a "Writ of Error. A Bill of Exceptions was sent up with the writ. The following are the points and authorities relied on by Counsel for the Appellant: First.- — Prror of Law.- — The Court erred in permitting the testimony of G. A. Brown in folio 19 to go before the jury.

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The indictment in this case was found by the Grand Jury of Nicollet County, and the Defendant was tried in Brown County, upon a change of venue. He was found guilty of grand larceny, and sued but a "Writ of Error. A Bill of Exceptions was sent up with the writ. The following are the points and authorities relied on by Counsel for the Appellant: First.- — Prror of Law.- — The Court erred in permitting the testimony of G. A. Brown in folio 19 to go before the jury. “ In criminal cases it is peculiarly the duty of Courts of Justice to prevent evidence being given which would support a charge…

1Opinion of the Court

By the Court

— Emmett, C. J.

The bill of indictment charges the Defendant with stealing in the county of Nicollet certain property belonging to Nathan Myrick and Andrew J. Myrick, of the value in all of about one hundred and sixty-five dollars.

A change of venue was had to the county of .Brown, and on the trial which there took place, the Defendant was found guilty of the charge.

¥e infer from the meagre statement of the evidence, shown by the record, that a witness or witnesses for the prosecution had stated, that in searching the prisoner’s house for the property alleged to have been stolen,…

2Cited by16 opinions

  1. Aillon v. StateSupreme Court of Connecticut · 1975
  2. Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
  3. State v. ConwaySupreme Court of Missouri · 1912
  4. State v. BorchertSupreme Court of Kansas · 1904
  5. Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887

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