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03/16/62 STATE v. RICHARD EDWARD DEHLER

March 16, 1962

STATE
v.
RICHARD EDWARD DEHLER



Appeal by Richard Edward Dehler from a judgment of the Morrison County District Court, W. R. Rogosheske, Judge, whereby he was convicted of murder in the second degree.

Certiorari Denied, 371 U.S. , 83 S. Ct. 87, L. ed. (2d) .

Thomas Gallagher, Justice.

SYLLABUS BY THE COURT

-- refusal to quash or dismiss proceedings -- controlling case.

1. Orders of court denying various motions of defendant to quash or dismiss criminal proceedings under murder indictments on ground they were in violation of defendant's state and Federal constitutional rights affirmed on basis of State v. Dehler, 257 Minn. 549, 102 N.W.2d 696.

-- right to fair trial -- change of venue because of local prejudice -- discretion of trial court.

2. Under Minn. St. 627.01 determination of motion for change of venue in criminal proceedings on ground that local prejudice prevented possibility of fair and impartial trial rested in sound discretion of trial court.

Penalty -- criminal penalty -- reduction by amendment enacted after commission of crime -- law applicable.

3. Provisions of ยง 619.08, as amended by L. 1959, c. 683, which fixed penalty for second-degree murder at imprisonment for not less than 15 years nor more than 40 years, held not applicable to crime committed prior to enactment of amendment by virtue of provision therein that "offenses committed, and * * * punishments incurred therefor, prior to the taking effect hereof, shall be * * * punished * * * with the same effect as if this amendment had not been passed."

-- trial -- motion to change plea after sentence -- propriety of denial.

4. In absence of statutory requirement that court advise defendant in advance as to penalty to be imposed upon plea of guilty to crime of murder in the second degree, and where defendant was fully aware of imminent probability that penalty in effect at time of commission of crime would be imposed, held court did not abuse discretion in denying motion made after sentence to permit withdrawal of guilty plea and to accept plea of not guilty instead.

The opinion of the court was delivered by: Gallagher

Defendant appeals from a judgment of conviction of the crime of murder in the second degree in the District Court of Morrison County on the grounds that (1) certain of his constitutional rights were denied; (2) the court erred in denying his motion for change of venue; and (3) the court erred in denying his motion made after a sentence of life imprisonment was imposed to permit withdrawal of a plea of guilty to the crime of murder in the second degree and to accept plea of not guilty thereto.

On December 30, 1941, defendant was indicted by the grand jury of Morrison County for murder in the first degree in the death of Regina Dehler, his mother. On January 23, 1942, after a plea of not guilty and trial, the jury returned a ...


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