The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-22
ODD QUESTION
in MURDER CASE
is APPEAL FOR CLEMENCY A
CONFESSION OF GUILT.
Carriyau, of Lake County, Must Re-
main in Prison Validity Of Min
neapolis ArmOry Bonds and of Ped
dlers' Ordinance Upheld--Vander-
burgh Loses Injunction Suit

An odd situation was presented to
the supreme court in the Louis Car
rivau murder case, decided today.
Carrivau was found guilty of murder
in the first degree in Lake county but
applied to the state board of pardonS
and got his sentence committed to life
imprisonment. His attorney after that
took an appeal.
The attorney general moved to dis
miss the appeal on the ground that the
petition for clemency was the same
as a plea of guilty, and he was in the
same position as If he had been in
dicted for second-degfee murder and
had pleaded guilty.
Justice Douglas, having been attor-
ney general when the appeal was
filed, took no part in the case, and
the other four judges were evenly di-
not allowed, and the appeal considered
on it's merits. The judgment Of the
lower court was unanimously upheld,
and Carrivau stays in the peniten-
tiary. The syllabus is as follows:
State of Minnesota, respondent, VS..
Louis Corrivau, appellant:
First-The defendant was found guilty
of murder in the first degree and judg-
ment was entered adjudging that he be
executed He applied for, received and
accepted communication of his sentence
to life Imprisonment, and the board OF
pardons issued it's warrant to carry the
communication into effect, and he is now
serving such life sentence. Thereafter
he appealed from the original Judgment.
Query: Has he waived his right to APP
peal?
Second-It was not error in view of the
uncontradicted evidence for the trial court
to charge the jury that the homocide was
neither excusable nor justifable and
thereby exclude from the consideration of
the jury the question of self-defense
Third-Nor was It error to instruct the
jury that the burden was on the de-
PENDANT to establish his claim that he
| was so intoxicated at the time of the
killing that he was incapable Of forming
any Intent. Nor was it error to instruct
| them that an act committed by person
in a state of voluntary intoxication was
not less criminal by reason of such con-
| dition, but, that if the defendant was
| SO drunk at the time of the killing as to
be incapable Of entertaining a premedi-
tated design to effect the death Of the
deceased he could not be convicted OF
murder In the first degree; that if he
was incapable by reason Of intoxicatior
OF entertaining any design to kill, he could
not ne convicted of murder in the second
degree, and that such finding would re-
duce the offense to manslaughter in tht
first degree.
Judgment affirmed Start, CT
Armory Bonds Valid.
The long-drawn litigation over the
Minneapolis armory bonds is ended
The supreme court decided the appeal
| today, holding the law valid, so Con-
4 troller Rogers will be compelled to
sign the bonds and the money will be-
come available. The syllabus follows:
State ex rel Lola B. Corriston, respond.
i ent, VS.. Joshua Rogers as City Control
4 Ter Of the City Of Minneapolis, appel
i liant.
Is Chapter 83 of the Laws of 1908 author
4 1zlng cities having a population Of $1,000
or upwards to issue bonds for the con
\ struction of an armory is not in violation
of sections 80, "a or SO Of article Of tn,
constitution of Minnesota. The provision
therein that mo bonds shall be issued un
l der the provisions of this act by any cit,
which has issued bonds to provide fo
the purchase Of such site and the con
struction of such arnory pursuant to tn.
provisions of chapter 33 Of the Genera
Laws of the State of Minnesota, for tn.
year 1902" does not establish an arbi
trary classification. A substantial dis
tinction exists between cities of the clas
mentioned which have or have not ISSUED
such bonds Judgment affirmed