State v. Shippey
Supreme Court of Minnesota
This is an application on the part of the defendant to the Supreme Court for .a new trial, under seo. C,p. 777, Comp. Stat. The defendant was tried upon an indictment for the murder of Frederick Raymond, at the October term of the Wright County District Court, 1864, and convicted of murder in the first degree. The indictment was in the form prescribed by statute, but was not signed on the face by the foreman of tho grand jury, but was indorsed as follows: “A true bill.
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This is an application on the part of the defendant to the Supreme Court for .a new trial, under seo. C,p. 777, Comp. Stat. The defendant was tried upon an indictment for the murder of Frederick Raymond, at the October term of the Wright County District Court, 1864, and convicted of murder in the first degree. The indictment was in the form prescribed by statute, but was not signed on the face by the foreman of tho grand jury, but was indorsed as follows: “A true bill. G. D. George, foreman of the grand jury.” But no objection was taken thereto. At the trial, Edward Morse, a witness produced…
1Opinion of the Court
By the Court —
Wilson, C. J.
— The defendant applies to this Court for a new trial under See. 6, page 777, of the Comp. Stat.
The grounds of the motion are (1), that the verdict is not warranted by the evidence, (2), error in the charge of the Court, (8), that the indictment was not signed by the foreman of the grand jury.- I cannot say that the evidence did not warrant the verdict.
It clearly appears that defendant deliberately and intentionally shot the deceased, and from this the presumption is that it was an act of murder. Com. vs. York, 9 Met., 93. This presumption it was for the defendant…
2Cases cited5 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
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- Preston v. StateMississippi Supreme Court · 1872
- Wheeler v. WalkerSupreme Court of Connecticut · 1817
- Lloyd v. KeachSupreme Court of Connecticut · 1817
3Cited by27 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- State v. HarrisonWest Virginia Supreme Court · 1892
- United States v. Bennie L. PetersonCourt of Appeals for the D.C. Circuit · 1973
- Johnson v. StateWisconsin Supreme Court · 1906
- State v. LewisNevada Supreme Court · 1889
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