State v. Robinson
Supreme Court of Minnesota
The defendant was indicted in the district court for Carver county for rape. A demurrer to the indictment was interposed, which was overruled, and defendant was tried and convicted; he removes the cause to this court by writ of error. The case is fully stated in the opinion of the court.
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The defendant was indicted in the district court for Carver county for rape. A demurrer to the indictment was interposed, which was overruled, and defendant was tried and convicted; he removes the cause to this court by writ of error. The case is fully stated in the opinion of the court. This indictment was evidently intended to be drawn under Seo. 20, page 647 of the Gen. Statutes, and (admitting the statute to be in harmony with the constitution of the State,) failed to give the court below jurisdiction of the offense charged. Under this statute the offense may be laid and tried in either…
1Opinion of the Court
By the Court.
MoMillaN, J.
The indictment in this case was found by the grand jury of the county of Carver. The venue in the margin is the county of Carver. In the body of the indictment the offense is charged to have been committed by the defendant “ in the county of Scott, in the state of Minnesota, within one hundred rods of the dividing line between the said county of Scott” and coiinty of Carver, in the state of Minnesota. The defendant demurred to the indictment, alleging as ground of demurrer: “ That it appears upon the face of the indictment that said court had no jurisdiction of the…
2Cases cited3 opinions
- State v. TimmensSupreme Court of Minnesota · 1860
- People v. DoughertyCalifornia Supreme Court · 1857
- People v. DavisNew York Supreme Court · 1866
3Cited by18 opinions
- Swart v. KimballMichigan Supreme Court · 1880
- People v. PowellCalifornia Supreme Court · 1891
- Barry v. TrauxNorth Dakota Supreme Court · 1904
- State ex rel. Brown v. StewartWisconsin Supreme Court · 1884
- State v. PugsleySupreme Court of Iowa · 1888
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