STATE v. PAULICK

No. 40600.

151 N.W.2d 591 (1967)

STATE of Minnesota, Respondent, v. James Albert PAULICK, Relator.

Supreme Court of Minnesota.

June 23, 1967.


Attorney(s) appearing for the Case

Wolner & Haglund, Wayzata, for relator.

Lawrence D. Cohen, St. Paul, Lynn S. Castner, Minneapolis, amicus curiae.

Carl F. Dever, Minneapolis, for Village of Minnetonka.

C. Paul Jones, Public Defender, George Scott, County Atty., Henry McCarr, Jr., Asst. County Atty., Minneapolis, Joseph P. Summers, City Atty., Daniel Klas, Asst. City Atty., St. Paul, amicus curiae.


OPINION

OTIS, Justice.

This matter is before the court on a petition for a writ of prohibition alleging that the Municipal Court of Hennepin County does not have jurisdiction over defendant. It seeks to enjoin the prosecution of a traffic violation. The only issue is whether the execution of the complaint before a clerk of the court rather than a magistrate is a denial of defendant's constitutional rights.

The charge against defendant is contained...

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