Legal Opinion

State v. Marshall

Supreme Court of Minnesota

Decided June 21, 1918No. 20,942PublishedCited by 7 opinions

Defendants were indicted by the grand jury of Hennepin county for the crime of adultery. Defendant Ray R. Marshall moved to quash the indictment on the grounds mentioned in the first paragraph of the opinion. The motion was denied by Fish, J., who certified the three questions enumerated in the opinion to the supreme court as important and doubtful.

1Opinion of the CourtBunn, J.

Defendant Ray R. Marshall, 'a married woman, moved to quash an indictment charging her with the crime of adultery. The grounds of the motion were two: (1) That the prosecution was not commenced on complaint of her husband, as required by G. S. 1913, § 8702; (2) That the indictment was based in part upon the testimony of the husband given before the grand jury without the consent of the wife. The trial court certified that the questions of law arising were so important and doubtful as to require the decision of this court, and with the consent of defendant and the state reported the action and…

2Cases cited8 opinions

  1. State v. GardnerSupreme Court of Minnesota · 1902
  2. Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
  3. Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1895
  4. People v. Briggs, Oyer and Terminer, Albany County1880
  5. State v. BrechtSupreme Court of Minnesota · 1889

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. ThompsonSupreme Court of Minnesota · 1966
  2. State v. ErnsterSupreme Court of Minnesota · 1920
  3. State v. LynchCourt of Appeals of Arizona · 1977
  4. State v. AllisonSupreme Court of Minnesota · 1928
  5. State v. RutherSupreme Court of Minnesota · 1918

2 more not listed; retrieve them via the Exa API.

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