State v. Brecht
Supreme Court of Minnesota
Various unimportant assignments of error disposed of. Defendant was tried and convicted in the district court for Good-hue county, before McCluer, J., on an indictment for adultery committed with Margaretha Sehliehthaber, and appeals frofn an order refusing a new trial. The indictment did not state upon whose complaint the prosecution was instituted.
Read the full summary
Various unimportant assignments of error disposed of. Defendant was tried and convicted in the district court for Good-hue county, before McCluer, J., on an indictment for adultery committed with Margaretha Sehliehthaber, and appeals frofn an order refusing a new trial. The indictment did not state upon whose complaint the prosecution was instituted. At the trial it appeared that complaint was made before a justice of the peace by Frederick Sehliehthaber, (husband of Margaretha,) and that after examination the defendant was discharged; and Frederick also testified that he went voluntarily…
1Opinion of the CourtGileillan, C. J.
This was an indictment for adultery. The defendant challenged the panel, of the petit jury, on the ground that it was illegally drawn, in this: that the clerk put only 24 instead of 72 names in the box from which to draw the jurors for the term. The certificate made by the clerk and sheriff and justice, in whose presence he drew the panel, and filed, and on which the venire issued, does state that 24 names were put in the box, and does not state that there were any more. If the certificate were the only admissible evidence of the manner of drawing, then it would appear conclusively that the…
2Cases cited2 opinions
- Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
- Gray v. First Division of the St. Paul & Pacific R. R.Supreme Court of Minnesota · 1868
3Cited by21 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- Stone v. StateCourt of Criminal Appeals of Oklahoma · 1916
- State v. StevensonOregon Supreme Court · 1920
- State v. WalshSouth Dakota Supreme Court · 1910
16 more not listed; retrieve them via the Exa API.