State v. Bell

Supreme Court of Minnesota

State v. Bell

4 N.W. 621, 26 Minn. 388, 1880 Minn. LEXIS 179

CourtSupreme Court of Minnesota

DecidedMarch 2, 1880

StatusPublished

Cited by2 cases

This text of 4 N.W. 621 (State v. Bell) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bell, 4 N.W. 621, 26 Minn. 388, 1880 Minn. LEXIS 179 (Mich. 1880).

Pincite

Opinion

Cornell, J.

The allegation in the body of the complaint, that the assault was committed “at the city of Minneapolis, in said county,” clearly refers to the county named in the venue stated in the caption thereof, and therefore indicates with sufficient certainty the place where the offence was committed. The offence charged was a simple assault. The averment that defendant “did wilfully and unlawfully assault the complainant with a revolver” imports, ex vi termini, an intentional attempt by violence to do a bodily injury to the complainant. The omission to specify'the particular acts relied [389]*389upon to show the intention and the attempt, if a defect at all,' is not one of which the defendant can complain, after a full trial upon the merits, without objection. " .

Judgment and sentence of the court below affirmed.

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Cornell, J.

The allegation in the body of the complaint, that the assault was committed “at the city of Minneapolis, in said county,” clearly refers to the county named in the venue stated in the caption thereof, and therefore indicates with sufficient certainty the place where the offence was committed. The offence charged was a simple assault. The averment that defendant “did wilfully and unlawfully assault the complainant with a revolver” imports, ex vi termini, an intentional attempt by violence to do a bodily injury to the complainant. The omission to specify'the particular acts relied [389]*389upon to show the intention and the attempt, if a defect at all,' is not one of which the defendant can complain, after a full trial upon the merits, without objection. " .

Judgment and sentence of the court below affirmed.

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Bluebook (online)

4 N.W. 621, 26 Minn. 388, 1880 Minn. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bell-minn-1880.

Opinion

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