Legal Opinion

State v. Kaercher

Supreme Court of Minnesota

Decided December 6, 1918No. 21,074PublishedCited by 4 opinions

Defendant was indicted by the grand jury of Big Stone county, charged with the violation of section 3, e. 463, of the Laws of 1917. He demurred to the indictment. The demurrer was overruled, Flaherty, J., and the case certified to the supreme court upon the questions raised by the demurrer.

1Opinion of the CourtQuinn, J.

The defendant was indicted by the grand jury of Big Stone county, charged with the violation of section 3, p. 765, chapter 463, of the Laws of 1917. The case was tried before two different juries resulting in a disagreement at each trial. Thereafter the defendant interposed a demurrer to the indictment, which was overruled, and the trial court certified the case to this court for its opinion upon the questions raised by the demurrer, that is, whether the facts stated in the indictment constituted a public offense, whether said section 3, upon which the indictment is *187predicated, is within the…

2Cases cited4 opinions

  1. Pierre & Ft. Pierre Bridge Railway Co. v. StuartSouth Dakota Supreme Court · 1918
  2. Hampton v. City of DuluthSupreme Court of Minnesota · 1918
  3. State v. FreerksSupreme Court of Minnesota · 1918
  4. State v. SpartzSupreme Court of Minnesota · 1918

3Cited by4 opinions

  1. State v. TownleySupreme Court of Minnesota · 1919
  2. State v. RandallSupreme Court of Minnesota · 1919
  3. State v. GilbertSupreme Court of Minnesota · 1919
  4. State v. HartungSupreme Court of Minnesota · 1920

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