STATE v. HAMM

No. C8-86-2057.

423 N.W.2d 379 (1988)

STATE of Minnesota, Respondent, v. Bruce Charles HAMM, Appellant.

Supreme Court of Minnesota.

April 29, 1988.


Attorney(s) appearing for the Case

John E. Mack, New London, for appellant.

Paul H. Tanis, Jr., Sp. Asst. Co. Atty., St. Peter, Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by the court en banc.


YETKA, Justice.

The single issue presented in this case is whether article I, section 6 of the Minnesota Constitution mandates a jury of 12 members in misdemeanor and gross misdemeanor cases.

I.

On August 9, 1986, defendant Bruce Charles Hamm was charged with various misdemeanor alcohol-related driving offenses, including DWI. He moved for a 12-person jury. However, the motion was denied based on Minn.Stat. § 593.01, subd. 1 (1986), which provides...

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