State v. Bergman
Supreme Court of Minnesota
The defendant was arrested upon a complaint charging him with having made an assault upon one Roberts, with intent to do great bodily harm, and was brought before a justice of the peace of Good-hue county for examination. Upon the examination the defendant filed with the justice an affidavit, as provided for in Gen. St. 1878, c. 65, § 20, and demanded that the proceeding be transferred to another justice of the peace.
Read the full summary
The defendant was arrested upon a complaint charging him with having made an assault upon one Roberts, with intent to do great bodily harm, and was brought before a justice of the peace of Good-hue county for examination. Upon the examination the defendant filed with the justice an affidavit, as provided for in Gen. St. 1878, c. 65, § 20, and demanded that the proceeding be transferred to another justice of the peace. The justice refused to make the transfer, held the examination, and committed the defendant. Thereupon the defendant sued out a writ of habeas corpus from the district court for…
1Opinion of the CourtGileillan, C. J.
Gen. St. 1878, o. 65, § 20, provides for a transfer by the justice, before whom an action or proceeding is pending, to another justice, “if on the return of the process, or at any time before the trial commences,” a certain affidavit is made, and also that, upon such transfer, the justice to whom any such action or proceeding is transferred “may proceed to hear and determine the same, in the same manner as the justice before whom the said action or proceeding was commenced might have done.”
The question in the case is, do these provisions apply to an examination by a justice of the peace,…
2Cases cited1 opinion
- Duffies v. StateWisconsin Supreme Court · 1859
3Cited by9 opinions
- In Re Trust Created by Will of EngerSupreme Court of Minnesota · 1948
- People Ex Rel. Steckler v. Warden of City PrisonNew York Court of Appeals · 1932
- Smith v. TumanSupreme Court of Minnesota · 1962
- Leraan v. Aftenro SocietySupreme Court of Minnesota · 1948
- State v. PedieNorth Dakota Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.