State v. Brown

• Decision Date: 01 January 1867
• Citation: 12 Minn. 393
• Parties: STATE OF MINNESOTA v. G. ADDISON BROWN.
• Court: Minnesota Supreme Court

12 Minn. 393

STATE OF MINNESOTAv.

G. ADDISON BROWN.

Supreme Court of Minnesota.

Certified up by the district court, Nicollet county.

This was an indictment accusing defendant with the crime of extortion in office, as judge of probate, taking fees in his own behalf in excess of fees allowed by law in the sum of $45, contrary to the form of the statute. To which indictment

a demurrer was interposed, which was overruled, and after trial defendant was found guilty, and thereupon moved in arrest of judgment and for a new trial.

W. M. Colvill, Atty. Gen., for the State.

E. St. Julien Cox, for defendant.

WILSON, C. J.

The indictment in this case is in the following form:

"District Court for the County of Nicollet, and State of Minnesota.

"THE STATE OF MINNESOTA agst. G. ADDISON BROWN.

"Indictment.

"G. Addison Brown is accused by the grand jury of the county by this indictment of the crime of extortion, committed as follows: The said G. Addison Brown, in the years of our Lord eighteen hundred and sixty-four, and eighteen hundred and sixty-five, and on divers days during said years, and prior to the first day of April, A. D. 1865, then and there being judge of probate of the county of Nicollet and state of Minnesota, duly and legally elected and qualified to perform the duties of judge of probate, and having jurisdiction over the estates of deceased persons and persons under guardianship, did then and there under color of office, in the matter of the estate of Jacob Mauerle, wilfully, knowingly, corruptly, and extorsively demand, take, and receive of and from one Henry A. Subilia, administrator of said estate, to the injury of Zezilia Mauerle, widow, Theresa, Mary, and Louisa Mauerle, heirs of Jacob Mauerle, deceased, as fees in his own behalf, in the settlement of said estate, the sum of forty-three dollars in excess of all fees allowed by law in cases not audited and certified to be just by a judge of the district court of the county; and the grand jury aforesaid charge the fact to be that no contest was had in the settlement of the estate aforesaid, and no extra fees were audited and certified to be just in the matter of said estate by any judge of the district court of the county aforesaid; and the grand jury aforesaid charge the said G. Addison Brown with the crime of extortion, committed as aforesaid in taking the said sum of $43, as aforesaid, contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the state of Minnesota.

"Dated at St. Peter, in the county of Nicollet, the fifth day of May, A. D. 1866.

                                                            "ALBERT KNIGHT
                                                    Foreman of the Grand Jury."
                

Names of witnesses examined before the grand jury: George Hezlep, William G. Gresham. (Indorsed correctly.)

To the indictment the defendant demurred, on the ground that there is no offence charged therein. The demurrer having been overruled, and the defendant tried and found guilty, he moved in arrest of judgment, because (1) the indictment does not charge an offence; (2) the offence sought to...