Legal Opinion

State v. Farrington

Supreme Court of Minnesota

Decided November 16, 1894No. 8976PublishedCited by 8 opinions

The defendant, Fred W. Farrington, was indicted April 5, 1894, in the District Court of Hennepin County for the crime of grand larceny in the first degree.

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The defendant, Fred W. Farrington, was indicted April 5, 1894, in the District Court of Hennepin County for the crime of grand larceny in the first degree. He entered into a contract January 27, 1892, with S. R. Wilson of Chicago, 111., to collect the rents of the Hotel Brunswick property in Minneapolis and of the adjoining building on Hennepin avenue and apply them to pay insurance, taxes, ground rent, repairs, interest on $30,000 mortgage, and his own compensation of $50 per month. The. residue, if any, was to be paid to Wilson or his assigns. Wilson afterwards assigned his right to this…

1Opinion of the CourtMitchell, J.

The defendant, having been indicted for the crime of grand larceny under Penal Code, § 428, demurred to the indictment, specifying numerous objections, all of which may be included in the general .objection that the facts stated do not constitute a public offense.

The trial court, having overruled the demurrer, certified to this court, under 1878 G. S. ch. 117, § 11, five questions, which may also be all summed up in one, viz. whether the facts stated in the indictment constitute a public offense. Trespass is an element in every larceny at common law. The effect of this statute making…

2Cases cited3 opinions

  1. State v. HennSupreme Court of Minnesota · 1888
  2. State v. VoreySupreme Court of Minnesota · 1889
  3. State v. FriendSupreme Court of Minnesota · 1891

3Cited by8 opinions

  1. State v. MeanySupreme Court of Minnesota · 1962
  2. Hamilton v. StateMississippi Supreme Court · 1967
  3. State v. WurdemannSupreme Court of Minnesota · 1963
  4. State v. CocklinSupreme Court of Vermont · 1938
  5. State v. LawrenceSupreme Court of Minnesota · 1915

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