Minnesota Statutes
Minn. Stat. § 610.31 (2026)
[Repealed]
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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[Repealed, 1963 c 753 art 2 s 17]
Notes of Decisions
Cited in 18
cases, 1945–1966 · leading case: State ex rel. MacMillen v. Utecht, 21 N.W.2d 239 (Minn. 1945).
State ex rel. MacMillen v. Utecht, 21 N.W.2d 239 (Minn. 1945). “1941, § 610.31 (Mason St. 1927, § 9931-3), set aside the prior sentence imposed and thereafter sentenced petitioner to serve time at hard labor in the state prison at Stillwater for a term of not less than two or more than eight years; that respondent now holds petitioner as a…”
State ex rel. Savage v. Rigg, 84 N.W.2d 640 (Minn. 1957). “Section 610.31 reads as follows: “If at any time before sentence, or at any time after sentence but before such sentence is fully executed, it shall appear that a person convicted of a felony, or an attempt to commit a felony, has been previously convicted of any crime so as to…”
State v. Pederson, 88 N.W.2d 13 (Minn. 1958). “The increased penalty by reason of the previous convictions could not have been imposed in the absence of compliance by- the state with the provision of § 610.31, which requires informations of previous offenses to be filed by the prosecuting officer where such increased…”
State ex rel. Adams v. Rigg, 89 N.W.2d 898 (Minn. 1958). “Relator also plead guilty to prior convictions of felonies for which he was also sentenced to be confined in the state prison until discharged by law.”
State ex rel. Atkinson v. Tahash, 142 N.W.2d 294 (Minn. 1966). “1961, § 610.31, filed an information charging the defendant as a habitual criminal by reason of the 1955 conviction.”
State v. Dahlgren, 107 N.W.2d 299 (Minn. 1961). “(9) Whenever a defendant is charged with the commission of prior felonies under § 610.31, a complete transcript of the proceedings thereon, showing compliance with the statutory requirements, should be furnished.”
State ex rel. Cobb v. Rigg, 87 N.W.2d 363 (Minn. 1957). “* * * Where a defendant appears without counsel, it is incumbent upon the court to inform him of his rights under § 610.31. But, where he is adequately represented by competent counsel, failure to strictly follow the statutory requirement does not vitiate a sentence imposed…”
State v. Soward, 114 N.W.2d 276 (Minn. 1962). “Before sentence, the county attorney filed an information pursuant to § 610.31 (Habitual Criminal Act) charging him with three prior convictions.”
State ex rel. Hines v. Tahash, 116 N.W.2d 399 (Minn. 1962). “(2d) 640 , 645: “* * * Where a defendant appears without counsel, it is incumbent upon the court to inform him of his rights under § 610.31. But, where he is adequately represented by competent counsel, failure to strictly follow the statutory requirement does not vitiate a…”
State ex rel. Soward v. Rigg, 97 N.W.2d 468 (Minn. 1959). “* * * Where a defendant appears without counsel, it is incumbent upon the court h inform him of his rights under § 610.31. But, where he is adequately represented by competent counsel, failure to strictly follow the statutory requirement does not vitiate a sentence imposed after…”
State ex rel. Veblen v. Swenson, 65 N.W.2d 619 (Minn. 1954). “” Although petitioner concedes that he was represented by *579 counsel, he contends that the trial court deviated from the statute, § 610.31, 3 in not cautioning him of his right to trial by jury with respect to the truth of the information charging him with the prior felony…”
State ex rel. Stout v. Rigg, 90 N.W.2d 910 (Minn. 1958). “28 was not valid for the reason that prior to sentence thereunder the court had failed to comply with the provisions of § 610.31, which provides that: “If * * * it shall appear that a person convicted of a felony * * * has been previously convicted of any crime * * * it shall be…”
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