State v. Barry
Supreme Court of Minnesota
Defendant was indicted in the district court for Meeker county for grand larceny in the first degree. The case was tried before Powers, J., and a jury, which rendered a verdict of guilty; and from a judgment entered pursuant to the verdict, defendant appealed. The language of the indictment is not sufficiently full and explicit to inform defendant of the nature and cause of the accusation. Pen.
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Defendant was indicted in the district court for Meeker county for grand larceny in the first degree. The case was tried before Powers, J., and a jury, which rendered a verdict of guilty; and from a judgment entered pursuant to the verdict, defendant appealed. The language of the indictment is not sufficiently full and explicit to inform defendant of the nature and cause of the accusation. Pen. Code, § 415, points out several methods in which the crime may be committed, though it does not use the term “bailee” in connection with all. Where the definition of a crime includes generic terms, the…
1Opinion of the CourtBuck, J.
It is conceded by each party to this action that the defendant was indicted and convicted under G. S. 1894, § 6709, subd. 2, being same as section 415 of the Penal Code. The indictment is as follows:
“Alfred J. Barry is accused by the grand jury of the county of Meeker, in the state of Minnesota, by this indictment, of the crime of grand larceny in the first degree, committed as follows: The said Alfred J. Barry on the 26th day of December in the year 1896, at the town of Litchfield, in the county of Meeker, in the state of Minnesota, then and there having in his custody and control and…
2Cases cited2 opinions
- State v. RiegerSupreme Court of Minnesota · 1894
- State v. ComingsSupreme Court of Minnesota · 1893
3Cited by5 opinions
- State v. CowderySupreme Court of Minnesota · 1900
- State v. BeanSupreme Court of Minnesota · 1937
- State v. MarxSupreme Court of Minnesota · 1918
- State v. SchoemperlenaSupreme Court of Minnesota · 1907
- State v. McCulloughSupreme Court of Minnesota · 1923