State v. Grear
Supreme Court of Minnesota
Defendant was indicted for an assault, being armed with a dangerous weapon, with intent to do great bodily harm, and was convicted of this offence upon trial in the district court for Hennepin county. Upon appeal to this court, the order of the court below refusing anew trial was reversed. See 28 Minn. 426. On a second trial before Locliren, J., and a jury, the defendant was again convicted, and appeals from an order refusing a new trial. The case is stated in the opinion.
Read the full summary
Defendant was indicted for an assault, being armed with a dangerous weapon, with intent to do great bodily harm, and was convicted of this offence upon trial in the district court for Hennepin county. Upon appeal to this court, the order of the court below refusing anew trial was reversed. See 28 Minn. 426. On a second trial before Locliren, J., and a jury, the defendant was again convicted, and appeals from an order refusing a new trial. The case is stated in the opinion. The court erred in admitting the confession. United States v. Williams, 1 Clifford, 5. The venue not having been proved,…
1Opinion of the CourtBerry, J.
1. Where our statute (Gen. St. 1878, c. 73, § 103,) declares that a confession of a defendant is not sufficient to warrant his conviction without evidence that the offence charged has been committed, it does not mean, as the prisoner’s counsel appears to have supposed, that the confession is not sufficient without evidence that the defendant on trial has committed the offence. Evidence that the offence charged has been committed by some person is all that is required. State v. Laliyer, 4 Minn. 277, (368.) It is not necessary that the evidence mentioned should be introduced before the…
2Cases cited9 opinions
- Hopt v. PeopleSupreme Court of the United States · 1882
- The People v. . RogersNew York Court of Appeals · 1858
- State v. GutSupreme Court of Minnesota · 1868
- State v. BruceSupreme Court of Iowa · 1878
- State v. LawrenceSupreme Judicial Court of Maine · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Minneapolis v. AltimusSupreme Court of Minnesota · 1976
- State v. LewisNevada Supreme Court · 1889
- State v. CantienySupreme Court of Minnesota · 1885
- State v. DesloversSupreme Court of Rhode Island · 1917
- State v. ClarkWashington Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.