Legal Opinion

Baker v. United States

Supreme Court of Minnesota

Decided January 15, 1854PublishedCited by 2 opinions

This was a criminal prosecution against Wyman Baker and Thomas Baker for assault and battery, before Orlando Simons, Esq., a Justice of the Peace for Bamsey County. Wyman Baker was fined, and the cause was removed to the District Court by Certiorari, in which Court the judgment of the Justice was affirmed, and now comes to this Court by Writ of Error to the District Court of Bamsey County. The facts appear in the opinion of the Court.

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This was a criminal prosecution against Wyman Baker and Thomas Baker for assault and battery, before Orlando Simons, Esq., a Justice of the Peace for Bamsey County. Wyman Baker was fined, and the cause was removed to the District Court by Certiorari, in which Court the judgment of the Justice was affirmed, and now comes to this Court by Writ of Error to the District Court of Bamsey County. The facts appear in the opinion of the Court. Assignment of errors on behalf of the Plaintiff in Error : First, The District Court erred in affirming the judgment of Orlando Simons, the Justice below, for…

1Opinion of the Court

By the Court

Sherburne, J.

Wyman Baker, the Plaintiff in Error, and one Thomas Baker, were Defendants in a criminal prosecution for assault and battery. Wyman Baker was first tried, and upon his trial offered the said Thomas Baker, his Co-Defendant, as a witness in his behalf. This witness was objected to by the Counsel for the Government, and the objection was sustained by the magistrate before whom the cause was tried, and the witness excluded.

The exclusion of this witness is alleged to be error, and the Counsel for the Plaintiff in Error, in order to sustain his position, relies upon, Sec.…

2Cases cited1 opinion

  1. People v. BillNew York Supreme Court · 1813

3Cited by2 opinions

  1. State v. DumpheySupreme Court of Minnesota · 1860
  2. Lowe v. ReiersonSupreme Court of Minnesota · 1937

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