Minnesota Supreme Court, 1918

State v. Johnson

State v. Johnson
Minnesota Supreme Court · Decided January 25, 1918 · Cubiam
139 Minn. 500; 166 N.W. 123; 1918 Minn. LEXIS 522 (Minnesota Reports)

State v. Johnson

Opinion of the Court

Peb Cubiam.

The question whether an indictment states a public offense cannot be certified to the supreme court under G. S. 1913, § 9251, after the trial court has sustained a demurrer thereto. The order sustaining the demurrer ends the prosecution, unless the matter is ordered resubmitted to another grand jury.

The certification of this cause is therefore dismissed and the cause remanded.

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