State v. Goetz

The opinion of the court was delivered by

Thiele, J.:

The state appeals from an order of the district court discharging a defendant in a criminal action.

On March 31, 1951, an information was filed in the district court containing five counts charging the defendant with manslaughter in the first degree, with driving a motor vehicle while under the *704influence of intoxicating liquor, with reckless driving and with two other misdemeanors. The defendant’s motion that he be tried separately on the last two counts was allowed. Later he was arraigned on the first three counts, waived the reading of the…