Minnesota Supreme Court, 1923

State v. Hughes

State v. Hughes
Minnesota Supreme Court · Decided November 9, 1923 · Pee
157 Minn. 503; 195 N.W. 635; 1923 Minn. LEXIS 926 (Minnesota Reports)

Counsel

Thomas V. Sullivan and Frank E. McAllister, for appellant., Clifford L. Hilton, Attorney General, James E, Markham, Deputy Attorney General, and S. Bernhard Wennerberg, for respondent.

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Last cited by a Minnesota appellate court in 1928, among the opinions in this site’s citation index.

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State v. Hughes

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

PEE CURIAM.

Appeal from an order denying defendant’s motion for a new trial, based upon a settled case and affidavits alleging newly discovered evidence. The defendant was convicted of the offense of bank robbery and sentenced to the state prison on October 29, 1921. On October 10, 1922, he moved the court for a new trial which was denied. This was over 11 months after sentence and judgment of conviction was entered. It should have been made within the six-month period allowed for appeal from the judgment. No excuse for its not having been made within that period was offered or could avail. A transcript of the testimony was unnecessary, as the assignments of error need not be specified in criminal actions. The motion for a new trial was properly denied on the ground that it was made too late. 2 Dunnell, Minn. Digest, §§ 7087, 7088; Kimball v. Palmerlee, 29 Minn. 302, 13 N. W. 129; Deering v. Johnson, 33 Minn. 97, 22 N. W. 174; State v. Johnson, 146 Minn. 468, 177 N. W. 657. The practice relating to new trials in criminal cases is the same as in civil. 1 Dunnell, Minn. Dig. § 2489.

Appeal dismissed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.