(Download) "State v. Orlo Hemstock" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Orlo Hemstock
- Author : Supreme Court of Minnesota
- Release Date : January 05, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendant was charged by information with the crime of burglary under Minn. St. 609.58, subd. 2(3). It was alleged in the information that ""on or about the 11th day of October A.D. 1965, at the Village of Minnetonka, in said Hennepin County, Minnesota, then and there being aided, advised and conspiring with one Richard Peterson, did wilfully, unlawfully, wrongfully, knowingly, feloniously and burglariously enter that certain trailer-house * * * with intent to commit a crime therein, to-wit: theft * * *."" He appeared in court for arraignment with his own attorney, Gerald M. Singer of Minneapolis, a former assistant Hennepin County public defender, and entered a plea of guilty. A presentence investigation was ordered and thereafter he was sentenced to the State Prison for a term of not to exceed 5 years. This appeal raises only the question of whether defendant entered a plea of guilty under a misapprehension of his legal rights. He claims that certain property was recovered from his home by an unlawful search and seizure and that his plea of guilty was based upon the assumption that such evidence could be used against him.