STATE v. TAHASH

No. 39587.

140 N.W.2d 53 (1966)

STATE of Minnesota ex rel. James Warren BALLINGER, Appellant, v. Ralph H. TAHASH, Warden Minnesota State Prison, Respondent.

Supreme Court of Minnesota.

February 11, 1966.


Attorney(s) appearing for the Case

William W. Essling, St. Paul, for appellant.

Robert W. Mattson, Atty. Gen., Charles E. Houston, Sp. Asst. Atty. Gen., Gerard W. Snell, Sol. Gen., St. Paul, for respondent.


MURPHY, Justice.

This is an appeal from an order of the district court discharging a writ of habeas corpus and remanding the defendant to the custody of the warden of the State Prison at Stillwater. The defendant contends that he was not provided with counsel at the preliminary hearing and as a result was denied due process of law guaranteed by the Fourteenth Amendment.

It appears from the record that the defendant was brought before the municipal court in...

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