Public-domain · open source
OpenJurist

146 Minn. 468

State v. Johnson

Supreme Court of Minnesota

Decided May 21, 1920

Supreme Court of Minnesota · decided 1920-05-21

Defendants were convicted of a felony in the district court for St. Louis county, Dancer, J. Their motion for a new trial was granted hut proceedings were stayed and the judge certified the case to the .supreme court for the determination of the question whether the trial court had -authority to grant the motion.

Cited by 2 later decisions — most recently February 1953

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1920-05-21

View the full empirical analysis of this case →

Per Curiam.

¶1■Defendants were convicted of a felony in the distinct court of S-t. 'Louis county, -and sentenced to a term of imprisonment in the state prison. Thereafter and after the time for appeal from the judgment had expired they moved the court for a new trial on the ground of newly discovered evidence. The trial judge, though entertaining doubts of the jurisdiction of the court, made an order granting the motion and ordering a new trial, but stayed proceedings under the order and certified the cause to this court for the determination of the question whether the trial court had authority and jurisdiction to grant the motion, since the time to appeal from the judgment had expired. '

¶2The certificate -and proceedings in this court must be dismissed. The trial court ¡having granted the motion, there is an end of the matter. The state has no right of review either by -appeal or certified case in criminal prosecutions.

¶3The proceedings are dismissed and the -cause remanded.

/146/minn/468 · .json · Public domain