St. Paul daily globe., 1895-11-26
THE SUPREME COURT REFUSES
RELIEF TO THE LIE SUEUR
MAN.
DECISION IN TIE MATTER.
MAY BE TRIED AND, If GUILTY,
PUNISHED UNDER THE OLD
LAW.
EVERY CASE IS AFFIRMED
Of Those Handed Down Yester-
day-News OF the Different
Courts.

Chief Justice Start, of the supreme
court, handed down four decisions
yesterday, a case of interest being
that of the state against Edison 5.
Smith, of lie Sueur, who was charged
with receiving deposits in his bank
after it became insolvent. Mr.. Smith
was first prosecuted in justice
court, convicted and sentenced to
sixty days in Jail. An appeal was
made to the district court, and the
case set for October, and after
wards continued until April. The
legislature last session passed law
repeating section 467 of the penal
code, under which Smith was con-
victed, and which made the offense
a misdemeanor, and an amendment
making it a felony was substituted.
At the trial the defense claimed that
Smith could not be prosecuted under
the new law, as it was passed after
the commission of the crime, and
provides a heavier penalty. The
district court held that the saving
clause in the law of 1894 would apply
to the law of 1895, and that Smith
could be prosecuted under the section
of the penal code that made the Of
Tense a misdemeanor. This decision
was certified to the supreme court,
which affirms the decision of the
lower court, and Mr.. Smith will now
be tried under the old law.
State of Minnesota, respondent, VS.. Ed
son r. Smith, appellant.
!. The defendant was prosecuted un-
der section 467 of the penal code, which
made the receiving of deposits in in
solvent banks a misdemeanor. He was
convicted in the justice court and ap
pealed to the district court, but before
his trial in that court this section was
repealed by an amendment making the
offense a felony.
Laws 1895, chap. 219.
Held, that the general saving statute,
G. S. 1894, sec. 25S, applies to such re-
peal to the same effect as if similar
amendment, and that the defendant
may be tried, and, if found guilty,
punished under the law as it was be-
fore such repeal, overruling State VS..
Mcdonald, 20 Mimi, 1856.
,. Held that the complaint in this
case charges a public offense.
Affirmed. Start, c. ].
John Pfeifer VS.. National Live Stock
Insurance Company.
!. Held, that where the language of a
written instrument applies equally we'll
to more objects than one, parol evil
dence is admissible to show to which
the instrument relates
,. Evidence considered and held to
sustain the findings. Judgment af-
firmed. Start, c. j.
Jonas a. Petit respondent, VS.. Great
Northern Railway Company, appel
liant.
l. Evidence considered and held that
it is sufficient to sustain the verdict.
>. Certain instructions of the trial
court as to the duty of the conductor
and brakeman of a freight train to a
tTespasSer or licensee on one of the
cars of their train, after discovering
him in a place of danger, considered
and held to be correct.
Order affirmed. Start, G. j.
Justice Mitchell dissents.
Jonas Guilford, respondent, VS.. The
Western Union Telegraph Company,
appellant.
Guilford VS.. Western Union Tele-
graph Company, 81 n. W., 224, followed.
Judgment affirmed. Start, c. j.