State v. Kluseman
Supreme Court of Minnesota
Henry Kluseman, Frederick Schumacher and Albert Schlenz were indicted in the District Court of Norman County, Ira B. Mills, J., and convicted under Penal Code, § 476, of placing obstructions upon the track of a railway. Questions of law arose upon the trial which in the opinion of the court were so important as to require the decision of this court.
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Henry Kluseman, Frederick Schumacher and Albert Schlenz were indicted in the District Court of Norman County, Ira B. Mills, J., and convicted under Penal Code, § 476, of placing obstructions upon the track of a railway. Questions of law arose upon the trial which in the opinion of the court were so important as to require the decision of this court. The defendants desiring it, the case was reported so as to present the questions, and certified here. 1878 Cf. S. ch. 117, § 11. The defendants were boys fifteen to sixteen years of age. On June 16, 1891, they stole a pint bottle of whisky from…
1Opinion of the CourtGilfillan, C. J.
Defendants were indicted for placing obstructions upon a railroad track. They objected to any evidence being introduced, on the ground that the indictment does not state facts sufficient to constitute a public offense. The specific objection to the indictment is that it does not state with certainty that the obstructions were placed on the track. It states that the defendants did “willfully, wrongfully, maliciously, and feloniously place an obstruction, to wit, five piles of large, heavy, oak, railway cross-ties, all of which piles being within a distance of seven hundred feet upon the track…
2Cited by13 opinions
- State v. CrouchSupreme Court of Iowa · 1906
- State v. PhillipsWashington Supreme Court · 1911
- State v. SmithSupreme Court of Minnesota · 1894
- Johnson v. City of WaterlooSupreme Court of Iowa · 1909
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
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