State v. Lehman
Supreme Court of Minnesota
Defendant was indicted by the grand jury for the crime of assault in the second degree, was tried in the district court for Goodhue county before Converse, J., and a jury and convicted of assault in the third degree. Defendant’s motion for arrest of judgment and for a new trial was denied.
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Defendant was indicted by the grand jury for the crime of assault in the second degree, was tried in the district court for Goodhue county before Converse, J., and a jury and convicted of assault in the third degree. Defendant’s motion for arrest of judgment and for a new trial was denied. From the sentence that defendant pay a fine of $50 and the costs of prosecution, and in default of payment be imprisoned in the county jail until phid, not exceeding 90 days in all, he appealed.
1DissentBrown, C. J.
Defendant was a police officer. Late at night on the day charged in the indictment, he discharged his revolver against the ground, for the purpose of frightening some young men or boys who had been about the streets engaged in Hallowe’en pranks, thus to induce them to go to their homes. The bullet from the revolver struck an object on the ground and was deflected and one of the young men received an injury therefrom. The officer was not actuated by malice or evil intent. De*431fendant was indicted for an assault in the second degree. The court charged the jury that, if the act of discharging the…
2Cases cited3 opinions
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1873
- Degenhardt v. HellerWisconsin Supreme Court · 1896
- Donner v. GraapWisconsin Supreme Court · 1908