State v. Owens
Supreme Court of Minnesota
The defendant was tried in the district court for Ramsey county, at the December term, 1874, upon the following indictment, under Laws 1873, ch. 9, the two first sections of which are given in the margin:1 “ Jay Owens is accused by the grand jury of the county •of Kamsey, by this indictment, of the crime of abortion, committed as follows: “ The said Jay Owens, on the twenty-third day of April, A. D. 1874, at the city of Saint Paul, in this county, did wilfully, unlawfully…
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The defendant was tried in the district court for Ramsey county, at the December term, 1874, upon the following indictment, under Laws 1873, ch. 9, the two first sections of which are given in the margin:1 “ Jay Owens is accused by the grand jury of the county •of Kamsey, by this indictment, of the crime of abortion, committed as follows: “ The said Jay Owens, on the twenty-third day of April, A. D. 1874, at the city of Saint Paul, in this county, did wilfully, unlawfully and feloniously procure one Julia A. Mann, a woman, and then and there being pregnant with a •child, to take a large…
1Opinion of the CourtCornell, J.
The challenge interposed to the panel of the petit jury by the defendant was properly overruled by the court. Upon the admitted facts the vepy contingency of a deficiency of jurors had happened which authorized the issuing of a special venire, under Laws 1870, ch. 88, § 7.
“Where the offence may have been committed by the use of different means, the indictment may allege the means of committing the offence in the alternative.” Gen. St. ch. 108, § 6. Under this provision of the statute the indictment in the present case is sufficient as respects the moans alleged to have been made use of to…
2Cases cited2 opinions
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- State v. RyanSupreme Court of Minnesota · 1868
3Cited by16 opinions
- Meno v. StateCourt of Appeals of Maryland · 1912
- State v. PearceSupreme Court of Minnesota · 1894
- State v. TennysonSupreme Court of Minnesota · 1942
- Peoples v. CommonwealthCourt of Appeals of Kentucky · 1888
- Dickerson v. United StatesCourt of Appeals for the Eighth Circuit · 1927
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