State v. Dumphey
Supreme Court of Minnesota
The Defendant, Charles Dumphy, at a prior term of the District Court of Anoka County, was indicted jointly witb Sandford Tripp for the murder of Michael Dugan. Defendants were arraigned and plead not guilty, and the case was continued to the next term of the Court in August 1860. The case being then moved, Defendant moved to quash the indictment on the ground of uncertainty, it not specifying of what degree of murder the Defendants were charged.
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The Defendant, Charles Dumphy, at a prior term of the District Court of Anoka County, was indicted jointly witb Sandford Tripp for the murder of Michael Dugan. Defendants were arraigned and plead not guilty, and the case was continued to the next term of the Court in August 1860. The case being then moved, Defendant moved to quash the indictment on the ground of uncertainty, it not specifying of what degree of murder the Defendants were charged. The Court denied the motion and Defendants excepted. The Defendant Dumphy then demanded a separate trial, which was granted, and the Court proceeded…
1Opinion of the CourtElandrau, J.
By the Court The Defendant was convicted of the crime of murder in the first degree in the District Court of Anoka County, and moves this court for a new trial. He was indicted jointly with one Sandford Tripp, but tried separately. The points made by his counsel in support of this motion are:
First. — That the indictment is insufficient in not charging the degree of murder in which the prisoner is indicted.
Second. — That the affidavits show that several of the jurors had prejudged the case before going into the bos.
Third. — That the court should not have allowed a second challenge to be…
2Cases cited2 opinions
- Bilansky v. StateSupreme Court of Minnesota · 1859
- Baker v. United StatesSupreme Court of Minnesota · 1854
3Cited by19 opinions
- Sullivan v. State of ArizonaArizona Supreme Court · 1936
- Horbach v. StateTexas Supreme Court · 1875
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. ElliottSupreme Court of Iowa · 1877
- State v. CushingWashington Supreme Court · 1896
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