State v. Masteller
Supreme Court of Minnesota
Defendant was tried and convicted in the district court for Todd county, before Searle, J., on an indictment charging that “the said George Masteller, on the 3d day of April, A. D. 1886, at the town of Reynolds, in said county of Todd and state of Minnesota, unlaw'fully and carnally knew and abused” (a person named) “then and there a female child under the age of ten years; contrary to the form of the statute,” etc.
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Defendant was tried and convicted in the district court for Todd county, before Searle, J., on an indictment charging that “the said George Masteller, on the 3d day of April, A. D. 1886, at the town of Reynolds, in said county of Todd and state of Minnesota, unlaw'fully and carnally knew and abused” (a person named) “then and there a female child under the age of ten years; contrary to the form of the statute,” etc. He appeals from a judgment that he be imprisoned at hard labor for 10 years in the state prison.
1Opinion of the CourtCollins, J.
The defendant was charged with the crime specified in section 236 of the Penal Code, alleged in the indictment to have been committed in the county of Todd on the 3d day of April, 1886. On the trial the proof as to the day on which the offence was committed corresponded exactly with the allegation in the indictment, and it also clearly appeared that the child became 10 years of age on *129that same day. When the state rested its ease, this point was made by the defence, and a motion made that the jury be directed to return a verdict of not guilty. Thereupon the state asked for leave, and was…
2Cases cited10 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Elam v. StateSupreme Court of Alabama · 1855
- State v. NewSupreme Court of Minnesota · 1875
- Lovell v. StateIndiana Supreme Court · 1859
- State v. BatesSupreme Court of Connecticut · 1834
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3Cited by2 opinions
- State v. SchuellerSupreme Court of Minnesota · 1912
- State ex rel. Elms v. BrownSupreme Court of Minnesota · 1921