Minnesota Statutes

Minn. Stat. § 610.38 (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[Repealed]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[Repealed, 1963 c 753 art 2 s 17]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 6 cases, 1953–1968 · leading case: State v. McCarthy, 104 N.W.2d 673 (Minn. 1960).
State v. McCarthy, 104 N.W.2d 673 (Minn. 1960). · cites it 6× “It is urged, however, that under § 610.38, which empowers the courts to suspend sentences under such terms and conditions as are suitable, the court may require payment of jury fees as a condition for suspension of sentences.”
State v. Mertz, 130 N.W.2d 631 (Minn. 1964). · cites it 6× “Section 610.38 provides in part: "Such stay shall be for the full period of sentence; and during such time the person so sentenced may be placed on probation * * *.”
State Ex Rel. Lillemoe v. Tahash, 159 N.W.2d 99 (Minn. 1968). · cites it 2× “Thus, assuming that all such credits are retained during imprisonment and on parole, a 5-year term expires in 3 years 7 months and 18 days, and a 10-year term expires in 6 years 11 months and 18 days.”
Breeding v. Swenson, 60 N.W.2d 4 (Minn. 1953). “37, and then, as authorized by § 610.38, placed relator on probation subject to the condition that the first year .”
Breeding v. Swenson, 62 N.W.2d 488 (Minn. 1954). “37, and then, as authorized by § 610.38, placed relator on probation subject to the condition that the first year of such probation should be spent in the workhouse.”
State Ex Rel. Alm v. Tahash, 111 N.W.2d 458 (Minn. 1961). · cites it 2× “167, and subsequent acts, § 610.38 now provides that where the court suspends sentence “[s]uch stay shall be for the full period of sentence.”
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