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21 Minn. 369

State v. Gessert

Supreme Court of Minnesota

Decided March 25, 1875

Supreme Court of Minnesota · decided 1875-03-25

Indictment found in the district court for Washington county. Defendant demurred, and Grosby, J., reported the case for the decision of this court, under ch. 76, Laws 1870.

Relies on People v. Gill

Good law ✅— No negative treatment on recordhow we know

Decided 1875-03-25

How this case has been cited

Cited by 9 later decisions — most recently February 2001

9 state decisions

3018751880189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Beery, J.

¶1The indictment in this case was found by a grand jury of Washington county, and charges the defendant with committing the crime of murder, by feloniously, etc., inflicting upon David Savazyo, on August 28, 1874, in said county, a stab and wound, of which, upon the same day, Savazyo died in the county of Pierce, and State of Wisconsin. The question in the case is whether the indictment charges the commission of an offence in the county of Washington.

¶2It is for his acts that defendant is responsible. They constitute his offence. The place where they are committed, *370must be the place where his offence is committed, and therefore the place where he should be indicted and tried. In this instance, the acts with which defendant is charged, to wit, the stabbing and wounding, were committed in Washington county. The death which ensued in Pierce county, though it went to characterize the acts committed in Washington county, was not an act of defendant, committed in Wisconsin, but the consequence of his acts committed in Washington county, against the peace and dignity of the State of Minnesota. We are therefore of opinion that the indictment charges the commission of the crime of murder in Washington county, and, upon the questions certified to this court by the court below, that the demurrer to the indictment should be overruled. Riley v. State, 9 Humph. 646 ; Com. v. Parker, 2 Pick. 550, 559 ; 1 East, P. C., ch. 5, § 128 ; Rex v. Burdett, 4 B. & Ald. 95, 173 ; Grosvenor v. Inhabitants etc., 12 East, 244; People v. Gill, 6 Cal. 637 ; State v. Carter, 3 Dutch. 499 ; 1 Hale, P. C., ch. 33 ; 1 Bish. Cr. Law, § 83; 1 Bish. Cr. Proc. § 67; 2 Wharton Cr. Law, § 1052.

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