McMillen v. State

Rogosheske, Justice.

Appeal from an order denying postconviction relief.

On June 9, 1960, petitioner, then aged 30, married, and the father of five children (aged 2 months to 5 years), was arrested and charged with taking indecent liberties with an 11-year-old girl 1 in violation of Minn. St. 1957, § 617.08. 2 Represented by appointed counsel of his own choosing, he was released on $1,000 bail. Thereafter, he entered a plea of not guilty, following which a psychiatric evaluation was ordered by the court.

When a trial of the case was to be scheduled some 37 months later, petitioner appeared in…