State v. Schoemperlena
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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 1923, among the opinions in this site’s citation index.
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Cases that cite this one
2 later published cases cite this decision.
- State v. McCullough (Minn. 1923)
- State v. Marx (Minn. 1918)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The indictment charged that the defendant at a time and place mentioned, having in his possession, custody, and control as bailee of named persons, certain described personal property of specified value, the property of named persons, converted and appropriated the same to his own use. On trial defendant objected to the introduction of any testimony on behalf of the state on the ground that the indictment did not state facts sufficient to constitute a public offense, in that it did not state the purpose or use for which the property was intrusted to the defendant. The objection was overruled, and exception taken. After trial, the jury returned a verdict of guilty. The court sentenced the prisoner, and afterwards certified the case to this court.
It was distinctly held in State v. Holton, 88 Minn. 171, 92 N. W. 541, that “in an indictment for larceny by a bailee it is not necessary to allege mere evidentiary facts, but it is necessary to allege the name
Reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.