Minnesota Statutes
Minn. Stat. § 610.28 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1963 c 753 art 2 s 17]
Notes of Decisions
Cited in 35
cases, 1947–1984 · leading case: State Ex Rel. Flynn v. Rigg, 98 N.W.2d 79 (Minn. 1959).
State Ex Rel. Flynn v. Rigg, 98 N.W.2d 79 (Minn. 1959). “Both § 610.28, which deals with punishment for a felony where there are one or two prior convictions, and § 610.”
Willoughby v. Utecht, 27 N.W.2d 779 (Minn. 1947). “§ 610.28. If the judgment and sentence were valid, petitioner admittedly was not entitled to his release.”
State v. Spencer, 248 N.W.2d 915 (Minn. 1976). “1961, § 610.28, has been repealed and is now replaced by the so-called Dangerous Offender Act, Minn.”
State Ex Rel. Atkinson v. Tahash, 142 N.W.2d 294 (Minn. 1966). “1961, §§ 610.28 and 610.31. The defendant was sentenced to not more than 10 years in the state reformatory at St.”
State Ex Rel. Holm v. Tahash, 139 N.W.2d 161 (Minn. 1965). “1961, § 610.28, superseded by Minn. St. 609.155 (L.”
State v. Michaud, 276 N.W.2d 73 (Minn. 1979). “1957, §§ 610.28 to 610.32, prior convictions automatically resulted in an increased penalty for a later offense.”
State of Minnesota Ex Rel. Glen R. Holscher v. Ralph H. Tahash, Warden, Minnesota State Penitentiary, 364 F.2d 922 (8th Cir. 1966). “10, and was occasioned by the prior felony statute, Minn.Stat. § 610.28 (1957), since repealed and replaced by § 609.”
State v. Briton, 121 N.W.2d 577 (Minn. 1963). “4 § 610.28. 5 Our courts take judicial notice of the statutes of other states.”
State v. Mertz, 130 N.W.2d 631 (Minn. 1964). “1961, §§ 610.28 and 610.29, and intended to reserve the right to suspend that sentence and place him on probation.”
Gaulke v. State, 206 N.W.2d 652 (Minn. 1973). “1953, § 610.28 (superseded in 1963 by Minn. St.”
Cable v. State, 169 N.W.2d 391 (Minn. 1969). “1961, § 610.28, and comprehended an increased penalty because of prior convictions.”
State Ex Rel. Moriarty v. Tahash, 112 N.W.2d 816 (Minn. 1962). “The further objections of the relator relating to the asserted improper application of § 610.28, the second-offense statute, and his claim that he was never adjudged guilty are bald assertions made without argument or authority and without foundation or support in the record.”
— Minn. Stat. § 610.28(2) — 1 case
State Ex Rel. Gerberding v. Tahash, 146 N.W.2d 541 (Minn. 1966).
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