State v. Mattson

Decided July 24, 1908

Supreme Court of Minnesota · decided 1908-07-24

Defendant having been convicted in the municipal court of Renville of the crime of aiming a pistol at Otto Smith, a fine of $25 and costs was imposed and it was ordered that in default of payment defendant be committed to the common jail until the fine was paid, but not to exceed thirty days. From this judgment, defendant appealed on questions of law alone to the district court of Renville county.

Cited by 1 later decisions — most recently April 1954

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1908-07-24

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JAGG ARE, J.

¶1The defendant, arrested on a warrant issued by the municipal court of the city of Renville, was found guilty and fined. Thereafter defendant filed a bond and recognizance on appeal, with due notice of appeal. The district court granted a motion of the state to dismiss the appeal because of the insufficiency of the bond.

¶2The bond was conditioned that if the defendant should personally appear and prosecute the appeal with effect at a named term of the district court, to answer said appeal, and in the meantime to keep the peace, and not to depart thence without leave duly granted, etc. This *165bond did not contain the requirement of section 4018, R. L. 1905, that the defendant abide the judgment of the court to which the appeal was taken. This defect was substantial and material.

¶3The other questions raised on appeal were determined adversely to the defendant in State v. Mattson, supra, page 63, 117 N. W. 227.

¶4Affirmed.