139 Minn. 500
Decided January 25, 1918
Supreme Court of Minnesota · decided 1918-01-25
Defendant was indicted by the grand jury of Hennepin county for the crime of teaching and advocating, by printed matter, that citizens of the United States should not aid in Carrying on the war. He demurred to the indictment on the ground that it did not state facts sufficient to constitute a defense and did not charge any crime.
Cited by 2 later decisions — most recently November 1974
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Dismissed and cause remanded · Decided 1918-01-25
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¶1The 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.
¶2The certification of this cause is therefore dismissed and the cause remanded.