State v. Gopher Tire & Rubber Co.
Supreme Court of Minnesota
Defendant was indicted by the grand jury of Washington county charged with the crime of selling securities without a license. Defendant interposed a demurrer to the indictment upon the grounds that it 'charged defendant with more than one offense and that the facts alleged did not constitute a public offense.
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Defendant was indicted by the grand jury of Washington county charged with the crime of selling securities without a license. Defendant interposed a demurrer to the indictment upon the grounds that it 'charged defendant with more than one offense and that the facts alleged did not constitute a public offense. The court, Johnson, J., overruled the demurrer and certified that the questions of law arising upon the indictment and demurrer were in the opinion of the judge so important and doubtful as to require the decision of the supreme court.
1Opinion of the Court
Lees, C.
An indictment was returned against the defendant, charging it with the violation of the so-called “Blue Sky Law” of this state. It demurred, the demurrer was overruled, and, at defendant’s request, the court certified the following questions for determination by this court:(1) Is the indictment in this case bad for duplicity?
*54(2) Does the indictment in this case state facts sufficient to constitute a public offense?(3) Is the written instrument set out in the indictment to be construed as a stock, bond, investment contract, or other security of the defendant company, within the meaning…
2Cases cited9 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- Hall v. Geiger-Jones Co.Supreme Court of the United States · 1917
- State v. . AgeySupreme Court of North Carolina · 1916
- State v. MooreSupreme Court of Minnesota · 1902
- Humphrey v. BuissonSupreme Court of Minnesota · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974
- Securities & Exchange Commission v. EdwardsSupreme Court of the United States · 2004
- State Ex Rel. Commissioner of Securities v. Hawaii Market Center, Inc.Hawaii Supreme Court · 1971
- Securities & Exchange Commission v. Timetrust, Inc.District Court, N.D. California · 1939
97 more not listed; retrieve them via the Exa API.