State v. Zittel

This case is before us on certification from the district court of the second judicial district of a question of law of doubt and importance.

It appears from the record that on September 16, 1961 defendant was arraigned in the second district court on a charge of assault upon his son, an infant of tender years. The complaint and warrant alleges that the assault occurred on September 11, 1961. A plea of not guilty was entered for defendant and he was thereupon released on bail.

The record shows that prior to the trial of the case on its merits, a question of law arose whether the family court…