(Download) "State Ex Rel. Joseph J. Grattan v. Ralph" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Joseph J. Grattan v. Ralph
- Author : Supreme Court of Minnesota
- Release Date : January 02, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Petitioner, Joseph J. Grattan, sought a writ of from the District Court of Washington County. After examination of the petition,
the court concluded that it did not state facts sufficient to justify the issuance of the writ and issued an order denying
the petition. Petitioner appeals from that order. By information, petitioner was accused of unlawfully, willfully, wrongfully, and feloniously failing to care for his minor
children with intent to abandon them, in violation of Minn. St. 617.55. Petitioner turned himself in voluntarily. On April
27, 1959, he appeared before the District Court of Crow Wing County. He told the court that he would like to enter a plea
of not guilty and needed counsel. After petitioner had satisfied the court that he was indigent and lacked funds with which
to employ counsel, one Darrell Sears was appointed by the court to represent him. At the continued hearing on May 20, 1959,
for some reason undisclosed, Sears did not appear for petitioner and another attorney, Dwane Larson, was appointed counsel
for him. On that date petitioner was arraigned and the information read to him. Petitioner then stated to the court, "I would
like to ask one question if I may." The court said, "You may." Petitioner then said, "You see certain things have happened
in the past few years; I would like if possible to have this reduced to a non-support charge; I think I have sufficient records
to show that it was not abandonment." The court replied, "Your only plea then could be not guilty." The court then told petitioner
that abandonment was a serious crime and informed him as to the burden of proof, presumption of innocence, and the penalty.
Petitioner then said: