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Minnesota Supreme Court, 1877

State v. Wagner

State v. Wagner
Minnesota Supreme Court · Decided May 15, 1877 · Berry
23 Minn. 544; 1877 Minn. LEXIS 66 (Minnesota Reports)

Counsel

George B. Bobinson, for appellant., George JP. Wilson, Attorney General, for the State.

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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1885, among the opinions in this site’s citation index.

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State v. Wagner

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Berry, J.

1. “When the evidence is concluded upon the trial of any indictment, in the district courts or courts of common pleas in this state, * * * the defendant shall conclude the argument to the jury,” Laws 1875, c. LL, § I-

*545This provision relates to the trial of indictments only. It cannot be made applicable to the municipal court of the city of Minneapolis, under Sp. Laws 1874, c. 141, § 12, because the proceeding by indictment is there Unknown.

2. Notwithstanding the defendant’s claim to the contrary, there is certainly evidence in the case reasonably tending to sustain and justify the verdict.

3. The motion for a new trial, on account of newly-discovered evidence, was properly denied, since the evidence is all either impeaching, cumulative, or corroborative, or it is not shown that due diligence was used to procure it. State v. Dumphey, 4 Minn. 438; Mead v. Constans, 5 Minn. 171 ; Nininger v. Knox, 8 Minn. 140.

Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.