State v. Marshall
Supreme Court of Minnesota
Defendants were indicted by the grand jury of Wright county charged with the crime of assault with intent carnally to know and abuse a female child under the age of 18 years, tried in the district court for that county before Giddings, J., and a jury which found them guilty as charged in the indictment. From an order denying their motion for a new. trial, defendants appealed.
1Opinion of the CourtHolt, J.
The three defendants, 16, 17 and 18 years old, respectively, were indicted and convicted of an assault with intent to- commit a felony, to-wit to ravish and carnally know and abuse Mary Saloneck, nearly 16 years of age. They appeal.
*248As we understand counsel, defendants claim prejudice because the court in the charge to the jury did not classify correctly the crime charged in the indictment. The court repeatedly stated it to be assault in the second degree, defined by section 8632, G-. S. 1913, as an assault with intent to commit a felony, and for which the maximum penalty is five years in…
2Cases cited1 opinion
- State v. MillerSupreme Court of Minnesota · 1907
3Cited by1 opinion
- State Ex Rel. Weich v. City of Red WingSupreme Court of Minnesota · 1928