State v. Minton

Peterson, Justice.

Defendant appeals from a theft conviction, upon his own plea of guilty, for which he was sentenced to an indeterminate term in the State Prison. Defendant claims, and the state now concedes, both that the court was without jurisdiction over the subject matter of the crime and that he was denied substantial due process in regard to the sentence imposed. We agree and reverse with directions.

Defendant was arraigned on May 24, 1965, upon an information charging him with the crime of burglary pursuant to Minn. St. 609.58, subd. 2(3). The substance of the charge was that on May…