State v. Small
Supreme Court of Minnesota
Case certified from tbe district court for Hennepin county. Defendant was indicted, on February 19, 1881, for the crime of manslaughter in the fourth degree. A demurrer to the indictment was overruled by Vanderburgh, J., and, at defendant’s request, the case was certified to this court. The case is stated in the opinion. Unless there is a saving clause in Laws 1881, c. 62, there can be no punishment for the crime of manslaughter in the fourth degree.
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Case certified from tbe district court for Hennepin county. Defendant was indicted, on February 19, 1881, for the crime of manslaughter in the fourth degree. A demurrer to the indictment was overruled by Vanderburgh, J., and, at defendant’s request, the case was certified to this court. The case is stated in the opinion. Unless there is a saving clause in Laws 1881, c. 62, there can be no punishment for the crime of manslaughter in the fourth degree. Yeaton v. United States, 5 Craneh, 281; Com. v. Marshall, 11 Pick. 350. There is no such clause, unless the words “manslaughter in the fourth…
1Opinion of the Court
Mitchell, J.*
The defendant was indicted under Gen. St. 1878, c. 94, § 34, for manslaughter in the fourth degree, committed on the tenth of January, 1881. By act of the legislature, passed February 17, 1881, (Laws 1881, c. 62,) entitled “An act to amend section 34 of chapter 94 of the General Statutes of 1878, relating to [punishment of] manslaughter in the fourth degree,” the statute under which the indictment was found had been amended by increasing the punishment. Section 2 of this amendatory act reads as follows: “See. 2. This act shall not extend to any act done or offence committed prior…
2Cases cited4 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- People v. KingCalifornia Supreme Court · 1865
- City of Winona v. WhippleSupreme Court of Minnesota · 1877
- Dodd v. CadySupreme Court of Minnesota · 1856
3Cited by10 opinions
- State v. EndSupreme Court of Minnesota · 1950
- State v. KittleWest Virginia Supreme Court · 1921
- Street v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1914
- Loper v. StateSupreme Court of Minnesota · 1900
- State ex rel. Chase v. Minnesota Tax CommissionSupreme Court of Minnesota · 1916
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