State v. Schumm
Supreme Court of Minnesota
Defendant was tried and convicted in the district court for Wright county, before Poncl, J., on an indictment for selling “intoxicating liquor, to wit, beer,” “on the 30th day of November, A. D. 1890, being the Sabbath day,” and was sentenced to pay a fine of $50 and costs, and to 15 days’ imprisonment in the county jail. He appeals from the judgment and from an order refusing a new trial.
1Opinion of the CourtDickinson, J.
1. The motion to set aside the indictment was not-made in time to enable the defendant to take advantage of the facts that the grand-jury list in the clerk’s office had not been certified and signed by the chairman of the board of county commissioners, and that the court had sumhaoned two additional grand jurors by special venire, although a sufficient number of grand jurors of the regular panel to constitute a legal grand jury had appeared. The motion was not'made until the commencement of the trial. The statute requires such a motion to be made at the time of the arraignment, unless for…
2Cases cited1 opinion
- State v. GreenmanSupreme Court of Minnesota · 1876
3Cited by6 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- State v. DrewsSupreme Court of Minnesota · 1966
- Norman Drews v. State of MinnesotaCourt of Appeals for the Eighth Circuit · 1969
- State v. Van VleetSupreme Court of Minnesota · 1918
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