State v. Wyman

Decided December 20, 1889

Supreme Court of Minnesota · decided 1889-12-20

Writ of error to the district court for Waseca county, where defendant was convicted on a trial before Buckham, J., and a jury, and sentenced to pay a fine of $ 100 and costs, and be committed to the county jail for 30 days. The record contains no bill of exceptions, but contains a statement of evidence and of the charge at the trial, certified by the clerk of the court, and not showing any exceptions taken by defendant.

Cited by 2 later decisions — most recently February 1952

2 state decisions

Relies on State v. Lavake · State v. Miller

Good law ✅— No negative treatment on recordhow we know

Decided 1889-12-20

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Vanderburgh, J.

¶1Indictment for selling intoxicating liquors without a license. The first assignment of error is that the indictment does not show that the quantity of liquor sold was less than five gallons. This is the only objection to the indictment. The amount specified as having been so sold is one gill of whiskey. This, however, sufficiently defines the quantity sold, and on the face of the indictment shows that it was within the statutory limit. State v. Lavake, *18326 Minn. 526, (6 N. W. Rep. 339.) The other questions in the caso are such as could only be raised upon a bill of exceptions duly settled and allowed by the trial judge, as required by Gen. St. 1878, c. 117, § 6. But there is no bill of exceptions in the record, and the minutes of the evidence have no place in the record, and cannot be considered here. State v. Miller, 23 Minn. 352.

¶2Judgment affirmed.