Monday, January 22, 2007

"...in the heat of passion,..."

78 Minn. 362
STATE
v.
JOHN SMITH.
Nos. 11,881 - (22).
Supreme Court of Minnesota.
December 15, 1899.

Defendant was indicted in the district court for Kittson county for manslaughter in the first degree. The case was tried before Watts, J., and a jury, and resulted in a verdict of guilty of manslaughter in the second degree. From an order denying a motion for a new trial, defendant appealed. Affirmed.

H. Steenerson and E. C. Yetter, for appellant.

W. B. Douglas*, Attorney General, R. R. Hedenberg, County Attorney, and James A. Peterson, for the State.

MITCHELL, J.

The defendant was convicted of manslaughter in the second degree, upon the following indictment:

"John Smith is accused by the grand jury of the county of Kittson, in the state of Minnesota, by this indictment, of the crime of manslaughter in the first degree, committed as follows: The said John Smith, on the 8th day of March, A. D. 1899, at the village of St. Vincent, in the county of Kittson and state of Minnesota, did then and there wilfully, unlawfully, and feloniously, and in the heat of passion, and in a cruel and unusual manner, kill a human being, to wit: one George Bates, by then and there striking him, the said George Bates, with a blunt and dangerous weapon, a more particular description of which weapon is to the said grand jury unknown, then and thereby inflicting upon the head of him, the said George Bates, wounds, from which wounds the said George Bates died at the village of Pembina, in the county of Pembina, state of North Dakota, on the 9th of March, A. D. 1899; contrary," etc.

* Douglas, Wallace Barton (1852-1930) — also known as Wallace B. Douglas; W. B. Douglas — of Moorhead, Clay County, Minn. Born in 1852. Minnesota state attorney general, 1899-1904; resigned 1904; justice of Minnesota state supreme court, 1904-05; appointed 1904. Died in 1930. Interment at Prairie Home Cemetery, Moorhead, Minn.