*1 Hughes Attorney, Regnier, City and Paulette Thomas R. Pierre N. City Attorneys, appellant. Flynn, K. Assistant Roban, for Cochrane Bresnahan and James G. & 632.11, 1(1), appeal pursuant an to Minn. subd. This is the state St. dismissing complaint municipal an from order Paul court St. delay state, by prosecution, in denied de- on its grant speedy fendant his to a trial. a motion constitutional We untimely. appeal appeal defendant to dismiss the because the 632.13(2)requires appeal with- St. state to file its notice of days entry appeal after order is taken. Here from which the Tuesday, February 25,1975, ap- order filed on and the notice peal Tuesday, 645.15, entered on March 1975.Under St. day period appeal last day within which be taken must is Sun- legal holiday, day or a computation. shall be from the omitted Here, day Sunday, 2,1975. the fifth March could Therefore state complied by filing statute or before March but Consequently State, appeal City failed to do so.1 of St. dismissed. Brown, Park,
Louis N. 209 W. 2d 920
Respondent attorneys is allowed fees the sum $350.
Appeal dismissed. v. RICHARD
STATE HARRY DAVIS.
233N. W. 2d 561. 34.01, Rule Procedure, July 1, 1975, Rules Criminal pro effective “[wjhen period vides that prescribed days or allowed is seven less, Saturdays, Sundays legal or holidays intermediate shall ex computation.” cluded in rules, appeal Under new would be timely, day the fifth March Defender, appellant. Jones, Public Paul C. Flakne, County Attorney General, Gary At- Spannaus, Warren *2 Larson, Bergstrom, Michael and torney, David and E. Vernon County Attorneys, for
McGlennen, Assistant pos- judgment unlawful of for appeals conviction a from Defendant possession intent to sell marijuana unlawful of and session marijuana. First, it was the whether are raised. Two issues determining the ad- disputed questions of fact to resolve trial court hearing. that it was holdWe missibility at the Rasmussen closing Second, duty. the the whether the court's was requiring that it trial. We hold a new misconduct tor constituted improper. saddlebag marijuana the was found in was here seized The which riding arrested. It when he was which defendant was of a marijuana arresting they the testimony seized the officers that saddlebag testimony It was the out of the at arrest. by- by youthful defendant, hand, other corroborated two the standers, by marijuana from a was removed custody. separate taken into defendant had been team of officers after key not the whether or issue was At the Rasmussen marijuana at the time incident to a lawful search was seized made arrest, marijuana a or whether was taken without search war- been removed from the scene. rant a when defendant had at question the fact thus raised The trial court declined to resolve suppress given by to reason the court refused the evidence. The as follows: going deny
“I’ll tell how I feel about it. I am to the motion to juries credibility. quash, There we for. That’s what have opinion testimony, and Rasmussen mo- a difference of on the sworn a quash only granted way. tion to evidence is all one can when the version, got young another, so The one officers man quash your jury a in the motion denied and we’ll have trial morning September on the incident of 10th.”
Clearly, court to withhold it was jury unless the made on the dis- from trial court of fact marijuana puted evidence which would render the admissible. State
541 3, 13 2d Tahash, 141 N. W. Minn. 272 ex rel. Rasmussen (1974); (1965); LaFrance, 302 Wajda, State v. Hall, N. W. 2d 258 176 Kinn, State v. 2d N. W. closing prosecutor’s impropriety cross-examination 2. The questioned separate grounds He a for reversal. is asserted as witness, concerning calling particular reasons for not defendant his proof; sought suggested to em- he which defendant had burden asking clergyman by him the defense barrass a who was a witness for suggested why garb trial; that de- he wore clerical at the he to the marijuana youthful providing wit- fendant have been argu- speculated in nesses who testified on defendant’s behalf and his marijuana park ment or other was destined “kids in kids”; justified stating, protective by “I he the search as measure cops stupidity” they have to tell are killed if fail such adequate jurors rely Finally, to make an search. he invited the not to knowledge superior on their own of the facts but to look to the wisdom stating: of the authorities keep also, gentlemen, your- “And ladies and admit mind *3 dope drugs concerned, selves that insofar as and narcotics and are inso- operations dope peddlers, junkies, far as the dealers and users and they operate streets, you how area, are all naive that forget it. So be clever that room and think about what doing. fully are You are into a that do not understand. Give field great thought.” it a deal of opinion, impact denying
In our the total of these tactics resulted in de- recognize, however, ordinarily fendant a fair trial. We that counsel has objection charge. prompt to make or to ask for a corrective State Hanson, 289 Minn. Prettyman, Matthews, 293 Minn. (1974). light N. W. 2d 563 In failure court’s bearing suppress evidence, determine the facts defendant’s there must be a new trial.
Reversed.
Kelly, (concurring specially). Justice holding
I
majority opinion
concur with the
prejudicial
agree
tor’s
constituted
misconduct. While I
disputed
normally
questions
it is
of the trial court to resolve
determining
admissibility
of fact in
Rasmussen
at a
possible that
might
always
necessary
do
be
so.
it-
not
It
testi-
might
differences in
be
admissible
temporarily
mony. Conceivably,
were
admissible,
impounded
safekeeping,
de-
the contraband
testimony-
circumstances,
pending
no matter whose
on all the facts and
Myles,
Compare, City
is found to be the more creditable.
of St. Paul v.
I
298Minn.
ELVIRA M. STARK v. PEAVEY MILL, KING MIDAS AND FLOUR ANOTHER. 232N. 2dW.
Joseph Grill, J. for relators.
Curtis C. Hertogs, Gilmore Samuel H.
Per Curiam.
Writ of certiorari to review a Compensa- decision of the Workmen’s *4 finding tion employee’s Commission substantially work con- pulmonary tributed to his death from We affirm. embolism. Employee, grinder who mill, August was a at a flour died at work on pulmonary employee embolism suffered trying as