State v. Erickson
Supreme Court of Minnesota
Defendant was indicted in the district court for Stevens county of the crime of having carnal knowledge of a female child under the age of sixteen years.
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Defendant was indicted in the district court for Stevens county of the crime of having carnal knowledge of a female child under the age of sixteen years. The court, Steidl, Ji, made an order overruling a demurrer to the indictment, and at the request of defendant certified to the supreme court for its decision the following questions : “1. Does the said indictment charge the three degrees of punishment as defined in the statute creating the offense, or either of them? 2. Does the statute creating different/punishment for different ages make the age of the female a necessary ingredieht of a…
1Opinion of the CourtLovely, J.
The defendant is prosecuted under the statute (G. S. 1894, § 6524) for the carnal knowledge and abuse of a female child under the age of sixteen years. The material part of the indictment charges the accused in the following words: That he
“did unlawfully and feloniously carnally know and abuse one * * *, then and there a female child under the age of sixteen years, contrary to the form of the statute,” etc.
A general demurrer was interposed challenging the sufficiency of the indictment to state a public offense. After an order of the court below overruling such demurrer, the cause has been…
2Cited by3 opinions
- State v. LesterSupreme Court of Minnesota · 1914
- State v. HayesSouth Dakota Supreme Court · 1903
- State v. Schubert Theatre Players Co.Supreme Court of Minnesota · 1938