Legal Opinion

State v. Thaden

Supreme Court of Minnesota

Decided May 26, 1890PublishedCited by 11 opinions

, Appeal by defendant from an order of the district court for Bamsey county, Wilkin, J., presiding, refusing a new trial.

1Opinion of the CourtVanderburgh, J.

The defendant was indicted jointly with Draper and Kingsley. The defendant Draper had not been arrested or found at the time of the trial, and the defendant Kingsley had given notice that he desired a separate trial, and appeared by a separate attorney.

1. We think the court did not lose its right an<J authority to pro.ceed with the separate trial of defendant Thaden- because no formal order therefor was made and entered when or before the case was called. The prosecution moved the case of “The State against Thaden,” and it was so understood by both parties, and the defendant made no objection…

2Cases cited3 opinions

  1. Commonwealth v. WallaceSupreme Court of Pennsylvania · 1886
  2. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1881
  3. State v. BarrowsSupreme Judicial Court of Maine · 1884

3Cited by11 opinions

  1. State v. LindenWashington Supreme Court · 1932
  2. Santiago v. StateSupreme Court of Minnesota · 2002
  3. State v. MerryNorth Dakota Supreme Court · 1910
  4. State v. VandenburgSupreme Court of Missouri · 1900
  5. Hoffman v. CommonwealthCourt of Appeals of Kentucky · 1909

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