(Download) "State v. Leo Murphy" by Supreme Court of Minnesota # Book PDF Kindle ePub Free
eBook details
- Title: State v. Leo Murphy
- Author : Supreme Court of Minnesota
- Release Date : January 04, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This case is before us on appeal from a judgment of conviction of the offense of unauthorized use of an automobile in violation
of Minn. St. 609.55. It is asserted that defendant's prior conviction of drunkenness in violation of § 340.96 precludes prosecution
under the former statute since both violations allegedly grew out of the same conduct and the prosecution of one is a bar
to the prosecution of the other within the provisions of § 609.035. We gather from the transcript of the testimony that while in an inebriated condition defendant entered and attempted to drive
away an automobile left parked, with the motor running, outside an East Grand Forks bar. Apparently he had difficulty in managing
the automobile, and after he had gone a short distance, he was apprehended by the owner of the car and another person who
pursued him on foot. He was removed from the automobile, beaten, and turned over to the local police. Upon entering a plea
of guilty in municipal court to the charge of being drunk, he received a 30-day sentence. A few weeks later the prosecuting
authorities, apparently feeling that a greater penalty should have been imposed, charged defendant with the offense of unauthorized
use of an automobile. As we have already indicated, defendant on arraignment moved for dismissal on the ground of prior conviction.
The motion was denied. On trial, defendant was found guilty and the maximum sentence of 3 years was imposed.