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STATE v. TAHASH

No. 40504.

154 N.W.2d 813 (1967)

STATE of Minnesota ex rel. Russell A. BOSWELL, Appellant, v. Ralph H. TAHASH, Warden Minnesota State Prison, Respondent.

Supreme Court of Minnesota.

December 8, 1967.

Attorney(s) appearing for the Case

Robert R. Remark, Fertile, for appellant.

Douglas M. Head, Atty. Gen., Gerard W. Snell, Act. Sol. Gen., St. Paul, for respondent.

OPINION

NELSON, Justice.

Appeal from an order discharging a writ of habeas corpus.

A criminal complaint was filed in municipal court, village of Mahnomen, April 18, 1959, charging defendant-appellant, Russell A. Boswell, with the crime of assault of one Ole O. Honstad. On the same date defendant entered a plea of not guilty to the assault charge. He was tried the same day before the municipal judge, without...

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