State v. Minot

81 N.W. 753, 79 Minn. 118, 1900 Minn. LEXIS 740
CourtSupreme Court of Minnesota
DecidedFebruary 7, 1900
DocketNos. 11,893-(26)
StatusPublished
Cited by10 cases

This text of 81 N.W. 753 (State v. Minot) 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. Minot, 81 N.W. 753, 79 Minn. 118, 1900 Minn. LEXIS 740 (Mich. 1900).

Opinion

LEWIS, J.

Defendants Minot, Hoffman, and Hall were indicted for robbery in the first degree, in November, 1898, in connection with three other parties, Link Thayer, Edwards, and Ross. Thayer was tried at the November term of court of Otter Tail county, and convicted as charged in the indictment. As to Edwards and Ross, the record is silent, and the other three were brought to trial at the May term, 1899, resulting in a conviction of all three. Defendants ap.peal from the judgment entered therein.

[119]*119The evidence offered by the state tended to prove the following facts: At about eight o’clock, on the evening of November 10,1898, at a point one mile east of Carlisle station, and about eight miles west from Fergus Falls, the through coast train on the Great Northern Railway was held up by four persons, who were armed and masked. Two of the men had boarded the train at Fergus Falls, and, going onto the engine, had, at the point of guns, caused the engineer to stop the train, and after it was stopped these men, in connection with the other two, who were supposed to be in waiting, attempted to enter the safe in the express car, but failed in this, after delaying the train about, one hour. While some of the men were engaged in trying to open the safe, the conductor, George A. Bruce, was relieved of $20, and it was for this particular act that the men were indicted. At about nine o’clock the robbers gave up the task of breaking the safe, and disappeared in the darkness.

It further appeared from the evidence: That on October 27, 1898, Thayer, Minot, Hoffman, and Hall had left Breckenridge, and gone to Clitherall, about fifty miles distant. Thayer returned to Breckenridge on the morning of November 9, the other three going back to Breckenridge on the morning of November 10, arriving there about eight o’clock a. m., and were met at the depot by Thayer. They carried two guns in canvas cases, — one a long, and one a short, case. They placed these guns in a saloon soon after arrival, and the guns were seen at the same place at twelve o’clock, but at one o’clock they were gone. At eleven o’clock next forenoon the guns were found in the saloon again. Thayer was seen at Breckenridge at about 2.30 a. m., November 11, and at 3.10 a. m., the same day, the four men took" the train at Wahpeton or Breckenridge, and arrived at Moorhead at about five o’clock a. m., and went to bed at a hotel. At about eight o’clock a. m. they were arrested, in connection with Edwards and Ross, who were in their company. All were searched by the chief of police of Moorhead. Thayer and Minot were found in bed together, and the other two in a different room, at the same hotel. On each man was found a revolver, and on Hoffman were found five drills, four wedges, two [120]*120picks, and skeleton tools; also a stick of dynamite and fuse. On Hall were found some explosive caps, and concealed in Ms coat flap some small saws. From Thayer, while with Minot in the room at the hotel, were taken six drills and two punches.

One witness for the state testified that he had seen Thayer near the scene of the hold-up on November 5,1898. Messenger Mcllrath testified that he was in the express car at the time of the attempt to open it, and that Thayer was the man at work; that his mask fell off, and there was light enough to see. Two other witnesses testified that they had met Thayer and Minot in the road within three or four miles of Carlisle, about five o’clock p. m., November 10. A witness testified to seeing Minot near Carlisle at two o’clock p. m., November 10, and a witness stated that he had seen two men board the train at Fergus Falls, as it passed through, about 7.30 p. m. One was a large, and one a small, man. They were carrying guns in canvas cases, — one short, one long. He had seen one of the same men in the morning of the same day.

The defense attempted to prove an alibi as to each defendant, and also proved that three other suspicious characters were found in a strawstaek five miles east from Breckenridge, at ten o’clock a. m., November 11. Tt appears from the evidence that Breckenridge is about twenty-five miles west of Fergus Falls, and Carlisle about eight miles northwest from Fergus Falls, and about twenty-six miles northeast from Breckenridge. Wahpeton is about one mile west from Breckenridge. There was testimony on the part of the state to the effect that Thayer, the man identified by the messenger, was a large, heavy man, over six feet high; that one of the other men was nearly as large, and one quite small as compared with Thayer, and one medium size;, that the men at the time of the robbery designated each other by the numbers 4, 5, 6, and 7. The witness who saw the two men board the train at Fergus Falls testified that he heard the larger of the two say to the smaller, “Be sure of your number, Charlie, 4. I wonder if 7 will make it.” The same witness also stated that he identified the larger' man as Minot. The messenger testified that the man designated as No. 4 by Thayer in the car was not over five feet nine inches in height, and would weigh probably 170 pounds.

[121]*121The defense assign as error that the court permitted an unwarranted display of the tools and arms taken from defendants at the time of their arrest. It appears from the record that all the tools and arms above described were placed upon a board, and, being properly marked for identification, were brought into court, and presented to the witnesses causing the arrest to identify them. The collection consisted of the tools taken from the possession of all the six persons found together at Moorhead. The mere fact that they wrere brought into court in mass, instead of singly, for identification, could hardly be such a display as would prejudice the jury. A trial court should use reasonable care in preventing unusual exhibitions of this character, which might tend to influence a jury, but there is no reason to believe that the occurrence complained of was prejudicial.

A witness on the part of the state was permitted to testify as to the character of the implements found in possession of the defendants. He stated that the files were used, as a general thing, in picking door locks, the drills and punches for opening safes, the ratchet for drilling, and the explosives for the same purpose. The admission of this testimony is assigned as error. The use of such articles in opening locks and safes, and the .manner of their application to such purposes, is not of such common knowledge as to preclude expert testimony. The reception of such testimony is within the general rule governing the application of expert testimony in reference to the nature and use of machinery and mechanical appliances.

The court received in evidence, against defendants’ objection, all of the articles, without discrimination, found in possession of the six men arrested at Moorhead, and this is assigned as error. One of the objections presented in support of this assignment is that two of the revolvers were taken from Edwards and Ross, who were not on trial, and hence the presentation and receiving in evidence of their revolvers was prejudicial as to the three defendants on trial. Another objection urged is that the specific crime charged against the defendants is robbery, by taking $20 from the person of Bruce, and none of the articles, except the revolvers, [122]*122were admissible, because they were not such implements as would tend to show an intent forcibly to take from the person.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Johnson
184 N.W.2d 660 (Supreme Court of Minnesota, 1971)
State v. Kotka
152 N.W.2d 445 (Supreme Court of Minnesota, 1967)
State v. Beltowski
98 N.W.2d 252 (Supreme Court of Minnesota, 1959)
State v. Brady
70 N.W.2d 449 (Supreme Court of Minnesota, 1955)
State v. Wilson
57 N.W.2d 412 (Supreme Court of Minnesota, 1953)
State v. Engstrom
32 N.W.2d 553 (Supreme Court of Minnesota, 1948)
State v. Barone
217 N.W. 104 (Supreme Court of Minnesota, 1927)
State v. Duddy
188 N.W. 261 (Supreme Court of Minnesota, 1922)
State v. Oertel
217 S.W. 64 (Supreme Court of Missouri, 1919)

Cite This Page — Counsel Stack

Bluebook (online)
81 N.W. 753, 79 Minn. 118, 1900 Minn. LEXIS 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-minot-minn-1900.