State v. Armstrong
Supreme Court of Minnesota
This case was certified to the Court, by the Judge of the District Court of Hennepin County, as presenting questions of so important and doubtful a character as to require the decision of the Supreme Court. The Indictment charged the Defendant with the crime of adultery with one R. IL, an unmarried woman, &c., &c., “ he, the said Defendant, then being a married man, and having a lawful wife alive,” &c.
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This case was certified to the Court, by the Judge of the District Court of Hennepin County, as presenting questions of so important and doubtful a character as to require the decision of the Supreme Court. The Indictment charged the Defendant with the crime of adultery with one R. IL, an unmarried woman, &c., &c., “ he, the said Defendant, then being a married man, and having a lawful wife alive,” &c. Points and authorities for the Prosecution : First. — The facts set forth in the indictment constitute the crime of adultery. Commonwealth vs. Call. 21 Pick. R. 510; Commonwealth vs. Reardon, 6…
1Opinion of the CourtElandrau, J.
By the Court I will notice the objections briefly in the order in which they were made by the Counsel for the prisoner on the trial. Although the Statutes of this State confer upon the courts the somewhat extraordinary power of amending an indictment upon demurrer, yet it comes with the qualification that it is only in those cases in which “ the Defendant will not be unjustly prejudiced thereby)’* that it can be properly exercised. Compiled Statutes, page *340765, Sec. 7. By reference to the same Statutes on page 701, it will be found that the Defendant can only “ be held to answer ” for the…
2Cases cited1 opinion
- People v. HumphreyNew York Supreme Court · 1810
3Cited by24 opinions
- State v. KeatonSupreme Court of Minnesota · 1960
- State v. LevySupreme Court of Iowa · 1968
- State v. HughesSupreme Court of Kansas · 1886
- Moore v. StateCourt of Criminal Appeals of Texas · 1903
- People v. QuanstromMichigan Supreme Court · 1892
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