143 Minn. 488 | Minn. | 1919
On the trial of this cause and immediately after a jury had been impaneled to try the issues presented by the indictment and defendant’s plea of
The certification of the cause to this court must be dismissed. The facts do not bring it within the statute providing for such review. G. Si. 1913, § 9251. The question certified does not arise upon a demurrer or special plea to the indictment, nor has there been a conviction thereunder. State v. Toole, 124 Minn, 532, 144 N. W. 474; State v. Billings, 96 Minn. 533, 104 N. W. 1150. Neither has the trial court decided the question presented by defendant’s motion; an essential prerequisite. State v. Byrud, 23 Minn. 29; State v. Smith, 116 Minn. 228, 133 N. W. 614. A question arising at the trial by a motion challenging the sufficiency of the indictment o.r the sufficiency of the evidence to justify a verdict of guilty, can be certified to this court only after the defendant has been convicted. And a question which the trial court has not decided cannot be certified up in any case.
The proceedings in this court are therefore dismissed and the cause remanded for further proceedings.