¶1The question certified in this cause, namely, whether the trial court erred in denying defendant’s motion to quash the indictment therein on the ground that his wife was required by the state to give evidence against him before the grand jury, was decided adversely to defendant’s contention in *489the recent case of State v. Marshall, 140 Minn. 363, 168 N. W. 174, wherein the fact complained of was held not fatal to the indictment. That decision controls this case. The question certified herein is therefore answered in the negative and the cause remanded to the court below for such further proceedings as may properly come before it.
141 Minn. 488
State v. Ruther
Decided August 2, 1918
Supreme Court of Minnesota · decided 1918-08-02
Defendant was indicted by the grand jury of Rice county for the crime of murder in the first degree. ‘Defendant’s motion to quash the indictment on the ground that his wife Josephine appeared before the grand jury and gave testimony in the cause without his consent contrary to subdivision 1 of section 2375, G-. S. 1913, was denied.
Cited by 1 later decisions — most recently January 1968
1 state decisions
Relies on State v. Marshall
Good law ✅— No negative treatment on recordhow we know
Remanded · Decided 1918-08-02
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