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State v. Ruther

STATE v. AUGUST RUTHER

State v. Ruther, 168 N.W. 587 (Minn. 1918)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
August 2, 1918
Docket
No. 21,003
Citations
168 N.W. 587141 Minn. 4881918 Minn. LEXIS 421
Disposition
Remanded.
Headnotes
Indictment and information. Motion to quash, indictment because defendant’s wife gave testimony against him before the grand jury, denied. State v. Marshall, 140 Minn. 363, 168 N. W. 174, followed. [Reporter.]
Summary
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. The case was tried before Childress, J., and a jury which returned a verdict of guilty as charged in the indictment. /Before sentence defendant’s motion that the case be certified to the supreme court was granted and the case was certified.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

The 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 *489 the 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1946: 11968: 119462026peak 1946 · 1

Relies on it most ⓘ

  1. State v. Kotlarek155 N.W.2d 891 (Minn. 1968)
  2. LeBorius v. Reynolds23 N.W.2d 1 (Minn. 1946)

Most recent

  1. State v. Kotlarek155 N.W.2d 891 (Minn. 1968)
  2. LeBorius v. Reynolds23 N.W.2d 1 (Minn. 1946)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Marshall, 168 N.W. 174 (Minn. 1918) 7

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