State, Village of Eden Prairie v. Housman

The state appeals under Minn. St. 632.11 from an order denying a continuance and dismissing, for lack of prosecution, a charge of driving under the influence of alcohol in violation of § 169.121. We affirm.

Defendant was arrested on November 7, 1969, in the village of Eden Prairie. At a pretrial conference in the municipal court of Hennepin County at Wayzata on the afternoon of February 24, 1970, the court set the matter for trial at 9:30 the following morning. The arresting officer came on duty at 10 p. m. that night and at 10:30 p. m. advised the prosecution that he would be out of town on…