§ 630.22

Madison v. Tahash · 1966 2 citations

to the present case thus depends upon whether arraignment is a critical stage in Minnesota. Upon arraignment, a defendant may “either move the court to set aside the indictment, or demur or plead thereto.” Minn. Stat.Ann. § 630.13. This section seems to require that the motion to set aside be made at the time of arraignment, although the hearing on the motion may be postponed by the court for good cause. Minn. Stat.Ann. § 630.19. A demurrer may be interposed “either at the time of the arraignment, or at such other time as may be allowed to the defendant for that purpose.” Minn. Stat. Ann. § 630.22. The objection that the conduct complained of is not a criminal offense, and objections to the court’s subject matter jurisdiction are not lost by failure to assert them at arraignment. These issues may be raised at the time of trial, or on a motion in arrest of judgment. Minn. Stat.Ann. § 630.27. A challenge to the court’s jurisdiction over the person of the defendant is in a different category. This must be asserted prior to a plea or it is deemed to be waived. State ex rel. Adams v. Rigg, 252 Minn. 283, 89 N.W.2d 898, cert, denied, 358 U.S. 899, 79 S.Ct. 224, 3 L.Ed.2d 149 (1958). Equally, objections to delay in bringing a defendant before a magistrate for a preliminary hearing are waived if not made prior to arraignment. State v. Perra, 266 Minn. 545, 125 N.W.2d 44 (1963), cert, denied, 377 U.S. 982, 84 S. Ct. 1889, 12 L.Ed.2d 749 (1964).

to the present case thus depends upon whether arraignment is a critical stage in Minnesota. Upon arraignment, a defendant may “either move the court to set aside the indictment, or demur or plead thereto.” Minn. Stat.Ann. § 630.13. This section seems to require that the motion to set aside be made at the time of arraignment, although the hearing on the motion may be postponed by the court for good cause. Minn. Stat.Ann. § 630.19. A demurrer may be interposed “either at the time of the arraignment, or at such other time as may be allowed to the defendant for that purpose.” Minn. Stat. Ann. § 630.22. The objection that the conduct complained of is not a criminal offense, and objections to the court’s subject matter jurisdiction are not lost by failure to assert them at arraignment. These issues may be raised at the time of trial, or on a motion in arrest of judgment. Minn. Stat.Ann. § 630.27. A challenge to the court’s jurisdiction over the person of the defendant is in a different category. This must be asserted prior to a plea or it is deemed to be waived. State ex rel. Adams v. Rigg, 252 Minn. 283, 89 N.W.2d 898, cert, denied, 358 U.S. 899, 79 S.Ct. 224, 3 L.Ed.2d 149 (1958). Equally, objections to delay in bringing a defendant before a magistrate for a preliminary hearing are waived if not made prior to arraignment. State v. Perra, 266 Minn. 545, 125 N.W.2d 44 (1963), cert, denied, 377 U.S. 982, 84 S. Ct. 1889, 12 L.Ed.2d 749 (1964).