State v. Baden
Supreme Court of Minnesota
The defendant was tried and convicted, in the district court for Hennepin county, on an indictment for “the crime of publicly selling property upon Sunday,” and appeals from an order by Rea, J., refusing a new trial.
Read the full summary
The defendant was tried and convicted, in the district court for Hennepin county, on an indictment for “the crime of publicly selling property upon Sunday,” and appeals from an order by Rea, J., refusing a new trial. The indictment charged that “the said George Baden, did on the 23d day of January, A. D. 1887, at the city of Minneapolis, in said Hennepin county, wilfully, unlawfully and wrongfully publicly sell, upon Sunday, certain property, to wit, one glass of beer, to one P. A. Smith, said glass of beer not being then and there sold as an article of food, drug, medicine, or surgical…
1Opinion of the Court
Vanderburgh, J.1
The indictment is for an alleged violation of section 229 of the Penal Code.
1. The indictment is sufficient. It is a matter of common knowledge that the species of property designated as having been sold by the defendant on Sunday, as alleged, is within the class or kind of property the sale of which is prohibited by the statute on that day, and not among the articles whose sale is permitted.
2. The jury could not, we think, have been misled by the instructions of the court in respect to the nature of the charge which the state was required to prove in order to make out its…
2Cases cited2 opinions
- Harrington v. StateSupreme Court of Alabama · 1860
- State v. McKeanSupreme Court of Iowa · 1873
3Cited by16 opinions
- State v. WappensteinWashington Supreme Court · 1912
- Dickerson v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Lott v. United StatesCourt of Appeals for the Ninth Circuit · 1913
- State v. JenkinsMontana Supreme Court · 1923
- State v. GibbsSupreme Court of Minnesota · 1909
11 more not listed; retrieve them via the Exa API.