State v. Smith
Supreme Court of Minnesota
Appeal by defendant, Annie M. Smith, from an order of the District Court of Eamsey County, Rascal R. Brill, J., made July 3, 1893, denying her motion to set aside the verdict, judgment and sentence, and grant her a new trial. On the morning of July 4, 1892, Edward Hoppe went from St. Paul with two other men by wagon to Big Bass Lake, fishing. They took with them a bottle of whiskey and a case of pint bottles of beer from ■which they drank more or less on the way.
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Appeal by defendant, Annie M. Smith, from an order of the District Court of Eamsey County, Rascal R. Brill, J., made July 3, 1893, denying her motion to set aside the verdict, judgment and sentence, and grant her a new trial. On the morning of July 4, 1892, Edward Hoppe went from St. Paul with two other men by wagon to Big Bass Lake, fishing. They took with them a bottle of whiskey and a case of pint bottles of beer from ■which they drank more or less on the way. The lake is six miles north of the business part of St. Paul, and is about two miles long and half a mile wide. On the south shore…
1Opinion of the CourtCollins, J.
The defendant, indicted for the crime of murder in the first degree, was convicted of murder in the third degree, which, according to the Penal Code, is the inexcusable or unjustifiable killing of a human being, perpetrated by an act eminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual, or, without a design to effect death, by a person engaged in the commission of, or in an attempt to commit, a felony, either upon or affecting the person killed, or otherwise. From an order denying a…
2Cases cited3 opinions
- State v. StaleySupreme Court of Minnesota · 1869
- State v. LautenschlagerSupreme Court of Minnesota · 1876
- State v. KlusemanSupreme Court of Minnesota · 1893
3Cited by16 opinions
- State v. JordanSupreme Court of Minnesota · 1965
- State v. MorrisSupreme Court of Minnesota · 1921
- State v. DamuthSupreme Court of Minnesota · 1916
- State v. CorrivauSupreme Court of Minnesota · 1904
- State v. HurstSupreme Court of Minnesota · 1922
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