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STATE v. BETSINGER

No. 42426.

176 N.W.2d 623 (1970)

STATE of Minnesota, Respondent, v. James E. BETSINGER, Relator.

Supreme Court of Minnesota.

April 17, 1970.

Attorney(s) appearing for the Case

Leighton, Meany & Cotter, Austin, for relator.

Kermit Hoversten, City Atty., Austin, for respondent.

OPINION

PER CURIAM.

This matter is before the court on an alternative writ of prohibition to enjoin the municipal court of the city of Austin from proceeding further with a prosecution against petitioner for driving after the suspension of his driving privileges. The issue is whether an affidavit of prejudice against the trial judge was timely. We hold that it was.

Petitioner was arrested on January 14, 1970, and arraigned in the municipal court...

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