Legal Opinion

State v. Enger

Supreme Court of Minnesota

Decided November 21, 1900No. Nos. 12,292—(15)Published

Appeal by defendant from an ordey of tbe municipal court of Minneapolis, Kerr, J., denying a motion for a new trial.

1Opinion of the CourtLovely, J.

Upon tbe complaint of a private citizen, defendant was convicted of selling liquor on Sunday, in violation of an ordinance of tbe city of Minneapolis. On appeal tbe objection is made that by the terms of tbe ordinance approved April 1, 1889, it was provided that no prosecution under tbe same should be commenced, “except upon complaint of a police officer of said city,” and under tbe rule laid down in State v. Robitshek, 60 Minn. 123, 61 N. W. 1023, a prosecution upon the complaint of a private citizen could not be sustained.

This contention, were it not for tbe general law referred to…

2Cases cited3 opinions

  1. Nicol v. City of St. PaulSupreme Court of Minnesota · 1900
  2. State v. RobitshekSupreme Court of Minnesota · 1895
  3. Lasher v. Union Central Life InsuranceSupreme Court of Iowa · 1901

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