State v. Hanson, 29049.

Decision Date28 October 1932
Docket NumberNo. 29049.,29049.
Citation244 N.W. 809,187 Minn. 235
PartiesSTATE v. HANSON.
CourtMinnesota Supreme Court

Appeal from District Court, Hennepin County; A. W. Selover, Judge.

Filiation proceeding by the State against Roy Hanson. A verdict was returned finding the defendant guilty. From an order denying his motion for a new trial, the defendant appeals.

Order affirmed.

See, also, 183 Minn. 562, 237 N. W. 416.

John G. Priebe, of Minneapolis, for appellant.

Ed. J. Goff, Co. Atty., and P. M. Larson, Asst. Co. Atty., both of Minneapolis, for the State.

STONE, J.

This is a filiation proceeding wherein defendant was found guilty by a jury. He appeals from the order denying his motion for a new trial.

This is the second time a jury has passed upon the issue adversely to defendant. The case was here before (173 Minn. 158, 217 N. W. 146), after defendant's first conviction. We reversed then for error, but did hold that there was sufficient evidence to sustain the verdict. The case for the state is no weaker on the present record; so nothing more need be said on the merits.

Probably the major claim for defendant is that he was entitled to a dismissal on the ground of delay. The case was first tried in February, 1927. April 9, 1931, defendant moved for dismissal on the ground of laches. The motion was denied May 1, 1931. Finally, December 1, 1931, the second trial commenced. At its opening defendant renewed his motion for dismissal, and now preserves the point by proper assignment of error.

It is sufficient to say that there are persuasive indications, and it could well have been concluded below that defendant, even more than the state, was responsible for the delay. There was too much procrastination on both sides. The state is not immune from censure for the delay. But, in view of the extent to which defendant's counsel asked for and procured it, the motion to dismiss was properly denied. The case is civil in character, rather than criminal. State ex rel. Simon v. Dist. Ct., 138 Minn. 77, 163 N. W. 797. Even were we to allow the argument that the same rule should hold as in a criminal case, there would be no ground for a dismissal for laches. The right to speedy trial in criminal cases is for the protection of the defendant. To the extent that, by motion for continuance or delay of trial, defendant procures delay, he is plainly estopped from insisting that he has been prejudiced. If a speedy trial is not demanded by one entitled thereto, he waives the...

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