State v. Loomis
Supreme Court of Minnesota
The defendant was indicted for, and convicted of the crime of larceny, in the district court for Nicollet county. A motion in arrest of judgment having been denied by Dickinson, J., (acting for the judge of the 9th district,) before whom the defendant was tried, the case was certified to this court under Gen. St. 1878, c. 117, § 11. Upon being arraigned, tlie defendant demurred to tbe indictment, but the demurrer was overruled, and he pleaded not guilty, and after a trial…
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The defendant was indicted for, and convicted of the crime of larceny, in the district court for Nicollet county. A motion in arrest of judgment having been denied by Dickinson, J., (acting for the judge of the 9th district,) before whom the defendant was tried, the case was certified to this court under Gen. St. 1878, c. 117, § 11. Upon being arraigned, tlie defendant demurred to tbe indictment, but the demurrer was overruled, and he pleaded not guilty, and after a trial was convicted of the larceny of nine elevator tickets or receipts, of the value of $515. The indictment contained the…
1Opinion of the CourtCornell, J.
The case is before us upon a certified report of the district judge of the sixth judicial district, under Gen. St. 1878, c. 117, § 11, for the purpose of obtaining a review of certain rulings of the district court, in overruling a demurrer to the indictment, and also in denying a motion in arrest of judgment after verdict. It is objected by the attorney general that the order overruling the demurrer is not now properly before us for review, because an issue, under a plea of not guilty, has since been made and tried, and it is now too late to question the correctness of that order in this…
2Cases cited4 opinions
- Phelps v. . PeopleNew York Court of Appeals · 1878
- Grimes v. BryneSupreme Court of Minnesota · 1858
- Dodge v. Minnesota Plastic Slate Roofing Co.Supreme Court of Minnesota · 1869
- State v. Vermont Central RailroadSupreme Court of Vermont · 1856
3Cited by8 opinions
- Frontier Milling & Elevator Co. v. Roy White Co-operative Mercantile Co.Idaho Supreme Court · 1914
- State Ex Rel. King v. RuegemerSupreme Court of Minnesota · 1953
- Dolliff v. RobbinsSupreme Court of Minnesota · 1901
- Malherek v. City of FargoNorth Dakota Supreme Court · 1922
- State v. MollerSupreme Court of Minnesota · 1967
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