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32 Minn. 144

State v. Thompson

Supreme Court of Minnesota

Decided June 2, 1884

Supreme Court of Minnesota · decided 1884-06-02

<p>Indictment — -Failure to arraign Defendant — Dismissal.—Several indictments, charging a defendant with similar offences, having been found at one term of the court, the neglect of the state, during three succeeding terms, to arraign the defendant upon one of such indictments, is not excused by facts which had led to the continuance of trial upon the other indictments during the intervening time. The defendant should have been arraigned upon all indictments found against him.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1884-06-02

How this case has been cited

Cited by 4 later decisions — most recently July 1973

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.

¶1At the February term, 1883, three indictments were found against the defendant, charging several offences of embezzlement. He was then arraigned upon one only of these indictments. At the following term, May, 1883, he was tried and acquitted. He was then arraigned upon another of the indictments. The trial was continued from term to term, and is now pending. At the May term, 1884, the defendant was arraigned upon the third indictment. Three-terms of court intervened between that at which the indictments were found and that at which the last arraignment was made. The defendant moved that this last indictment be dismissed. No sufficient cause is shown for the delay of the state in proceeding to an arraignment. Seasons which may have been sufficient for the continuance of the trial upon the other indictments were not a sufficient cause for not arraigning the defendant upon all indictments against him. The indictment should have been dismissed.

¶2Cause remanded, with directions to dismiss the same.

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