New Ulm review., 1922-09-27

affect all criminal procedure IN Mime
sofa, the state supreme court last Friday
morning ruled that criminal cases may
be brought into district court on infor-
nation furnished by the county at
torney when the penalty does not ex-
ceed 10 years.
Test Case.
This decision, which practically eli
inmates or makes unnecessary grand
jury action in the majority of criminal
cases, was given in the case Of Lewis
Keeney, arrested April 19 in Martin
county on a charge Of selling intoxi-
eating liquor. Keeney waived prelim-
mary examination and was bound over
to the district court, where the county
attorney proceeded against him on in
formation. The case was appealed to
the supreme court on the ground that
the county attorney could not proceed
against him on information, and. that a
grand jury Indictment was necessary.
| NAIcS NO1SIAIuCAOA1 ~AAaAHSS.r.-'
"a person charged with a criminal
offense who has had preliminary ex-
animation before magistrate, or has
waived such examination" J" the deci-
sion reads, may be prosecuted for the
offense for which he was bound over
upon an information filed against him
by the county attorney, unless the
punishment for such offense may ex-
coed 10 years Imprisonment in the
states prison. A process based upon
such information is due process OF
law and does not violate either state
or federal constitution y ..'' Z. #. #
The state constitution, the supreme
court said, originally provided that no
person could be held to answer for Grim
inal offense unless on presentment or
Indictment Of the grand jury. An
! amendment of the constitution in 1904,
however, the court held, nulli6ed that
provision by providing that no person
shall be held to answer for a criminal Of
Tense without due process of law A
prosecution, based on information fur
nished by the county attorney in cases
where the penalty does not exceed Il
years is due process of law, the court
holds. !. "a s.='sS
| This was the first time that the ques-
| tion ever came up before the supreme
court. Prosecutors regarded it as the
law that no cases can be brought into
district court without grand jury in
dictment, and this always had been thu
criminal procedure in the state. Agita
tion recently has been carried on *
have the law changed to permit cases
being brought into district court without
grand jury action.
Eckstein Sees Wide Effects.
w. T. Eckstein, county attorney
stated that the ruling of the supreme
court probably will result in the elimi
lnation Of the grand jury in most crimina
cases. In only such cases as murder
manslaughter, robbery, first degree bur
} | glary, first degree forgery, statutory Of
} fenses against girls under the age Of i.
years, kidnapping, rapes and crime
against nature will grand jury action b
necessary, Mr.. Eckstein said. ts
4. The decision of the supreme court un
doubtedly will have a far-reaching an,
. revolutionary effect on criminal procedur
!, in this state,' Mr.. Eckstein declared
"In all larceny cases and the great ma
jority of forgery and burglary cases, a
well as the numerous gross misdemeano
) cases, the grand jury probably will b
! eliminated Fiji.
II Saving Expense.
Mr.. Eckstein also stated that if tn
present decision should be upheld an
J become the law Of the state, gres
saving will be made for all the Countie
It will eliminate the expense Of calm
J witnesses before a grand jury in cast
! where the punishment does not excee
/. ten years penal servitude. Besides tha
!, 4 in many instances, it will not becon
!. necessary to call q grand jury at all, thr
I, eliminating this expense also.
!. TWO BANDS FOR DAIRY SHON
HwyI vvS