State v. Comings
Supreme Court of Minnesota
Upon the trial of C. L. Comings in the District Court of Polk County, Ira B. Mills, J., he was convicted December 17, 1892, of grand larceny in the first degree, and questions of law arose which, in the opinion of the Judge, were so important and doubtful as to require the decision of this court. The defendant consenting, the Judge reported the case so far as was necessary to present the questions, and certified the report here.
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Upon the trial of C. L. Comings in the District Court of Polk County, Ira B. Mills, J., he was convicted December 17, 1892, of grand larceny in the first degree, and questions of law arose which, in the opinion of the Judge, were so important and doubtful as to require the decision of this court. The defendant consenting, the Judge reported the case so far as was necessary to present the questions, and certified the report here. The indictment was in the following'form: “State of Minnesota, County of Polk, District Court. The State of Minnesota vs. C. L. Comings. “C. L. Comings is accused by…
1Opinion of the CourtVanderburgh, J.
The defendant was indicted for the offense of grand larceny in the first degree. It is objected that the indictment fails to state facts sufficient to constitute an offense, and also that it charges two separate offenses in one count. Though not a model in form, we are of the opinion that the objections were properly overruled. The facts stated bring the case within the provisions of the Penal Code, § 415, subd. 2. The defendant is shown to have been lawfully in the possession of the property as bailee under a contract for shipment and storage. It was not a case of larceny at the common law,…
2Cases cited2 opinions
- State v. NewSupreme Court of Minnesota · 1875
- State v. FriendSupreme Court of Minnesota · 1891
3Cited by6 opinions
- State v. FellowsSupreme Court of Minnesota · 1906
- State v. SouthallSupreme Court of Minnesota · 1899
- State v. BarrySupreme Court of Minnesota · 1899
- State v. MurphySupreme Court of Minnesota · 1911
- State v. McCulloughSupreme Court of Minnesota · 1923
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