State v. Zirbes

This matter is before us on a writ of prohibition which challenges the jurisdiction of a justice of the peace to proceed with a preliminary hearing on a felony complaint after demand for change of venue pursuant to Minn. St. 531.115.

Minn. St. 531.115, so far as applicable here, provides:

“Subdivision 1. Whenever a person is charged with a criminal offense or violation of an ordinance in which jurisdiction is in a justice court or a court in which the judge is paid upon a fee basis, the defendant may at any time before trial demand in writing that his case be removed to another court having…