STATE v. TOLBERG

No. 39625.

140 N.W.2d 845 (1966)

STATE of Minnesota, Respondent, v. Wesley TOLBERG, Appellant.

Supreme Court of Minnesota.

February 18, 1966.


Attorney(s) appearing for the Case

LeVander, Zimpfer & Tierney, Minneapolis, for appellant.

John F. Thoreen, County Atty., Robert W. Kelly, Asst. County Atty., Stillwater, for respondent.


OTIS, Justice.

This is a proceeding to establish paternity. Defendant having been found guilty has appealed from an order denying his motion for judgment n. o. v. or a new trial. The issue is whether the court lacked jurisdiction because of the mother's failure to swear to a written complaint before a magistrate or clerk of court as required by statute.1

The transcript and a stipulation indicate that the mother was interviewed...

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