State v. Johnson
139 Minn. 500 | Minn. | 1918
The question whether an indictment states a public offense cannot be certified to the supreme court under G. S. 1913, § 9251, after the trial court has sustained a demurrer thereto. The order sustaining the demurrer ends the prosecution, unless the matter is ordered resubmitted to another grand jury.
The certification of this cause is therefore dismissed and the cause remanded.