Legal Opinion

State v. Townley

Supreme Court of Minnesota

Decided May 2, 1919No. 21,226PublishedCited by 3 opinions

Defendants A. C. Townley and Joseph Gilbert were indicted by the grand jury of Jackson county charged with the crime of conspiracy, as stated in the first paragraph of the opinion.

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Defendants A. C. Townley and Joseph Gilbert were indicted by the grand jury of Jackson county charged with the crime of conspiracy, as stated in the first paragraph of the opinion. They demurred to the indictment on the grounds: (1) That the indictment did not substantially conform to the requirements of sections 9134 and 9136, as qualified by section 9142, of the General Statutes of 1913; (2) that more than one offense was charged in the indictment, contrary to the statute; (3) that the facts stated did not constitute a public offense, and (4) that the indictment contained matter which if…

1Opinion of the CourtQuiNN, J.

Defendants were jointly indicted for conspiring to teach and advocate that men should not enlist in the military or naval forces of the United States and that the citizens of this state should not aid or assist the United States in prosecuting or carrying on the war against the kingdom and imperial government of Germany. When called to plead to the charge they interposed a general demurrer, which was overruled, and upon request of the accused the trial court certified to this court for decision the following questions:

*328(1) Do the facts stated in the indictment constitute a public offense?(2)…

2Cases cited3 opinions

  1. Louie v. United StatesCourt of Appeals for the Ninth Circuit · 1914
  2. People v. DarrIllinois Supreme Court · 1912
  3. State v. KaercherSupreme Court of Minnesota · 1918

3Cited by3 opinions

  1. State v. TownleySupreme Court of Minnesota · 1921
  2. State v. PetersonSupreme Court of Minnesota · 1942
  3. State v. McAlpineCourt of Appeals of Minnesota · 1984

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