28 Minn. 424 | Minn. | 1881
The’defendant, with another, was charged before a justice of the peace, upon a written complaint under Gen. St. 1878,
It is claimed that the statute is unconstitutional because it attempts to imprison for debt. This is not true. The statute imposes the penalty, not because of, nor for the purpose of collecting, the debt, but because of the fraud. A prosecution and punishment under the statute in no way affects the debt.
The complaint purports to set forth only one offence — the last of the three described in the section. To the first of these offences an allegation that there was no express agreement for credit is necessary. There is no such allegation in the complaint. Of the second the fact of a false show of baggage is a necessary ingredient. No attempt is made to state that fact. No fact is stated not necessary to the last of these offences. The only objection to the sufficiency of the complaint in showing an offence, necessary to be noted, is that it does not state the food and accommodation procured, or the baggage removed, to have been of any value. Under the statute the question
Judgment affirmed.
Dickinson, J., having heard this case in the district court, took no part in the decision of this appeal.