Chute v. State
Supreme Court of Minnesota
The plaintiff in error, Samuel H. Chute, was indicted in the district court of Hennepin county. He demurred to the indictment, and his demurrer was overruled, and trial had, resulting in conviction. He removes the cause to this court by writ of error. The nature of the offense charged, and the alleged errors fully appear in the opinion of the court. I. Defendant’s demurrer to- the indictment should have been sustained. The indictment is bad on account of duplicity.
Read the full summary
The plaintiff in error, Samuel H. Chute, was indicted in the district court of Hennepin county. He demurred to the indictment, and his demurrer was overruled, and trial had, resulting in conviction. He removes the cause to this court by writ of error. The nature of the offense charged, and the alleged errors fully appear in the opinion of the court. I. Defendant’s demurrer to- the indictment should have been sustained. The indictment is bad on account of duplicity. Gen. Stat. 651, sec 3, subd. 3; lb. 646, sec. 6. Two distinct nuisances are charged as being maintained by defendant, differing…
1Opinion of the Court
By the Court.
Berry, J.
I. The indictment in this instance charges two distinct offenses oí an entirely different character. One is the maintaining of-a stone building overhanging a public street, and liable and threatening to fall into the same, to the great damage of people passing along such street. The other is the permitting to remain in said building large quantities of filth, emitting offensive stenches dangerous to public health. The demurrer of the defendant below should therefore have been allowed. Gen. St., ch. Ill,sec. 3. This conclusion does not, however, necessarily determine the…
2Cases cited2 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- State v. WoodSupreme Court of Minnesota · 1868
3Cited by14 opinions
- State v. MortensenUtah Supreme Court · 1903
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- State v. MagersOregon Supreme Court · 1899
- National Bank of Commerce of Kansas City v. First Nat. Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1894
- Morris v. United StatesCourt of Appeals for the Fifth Circuit · 1906
9 more not listed; retrieve them via the Exa API.