Minnesota Statutes
Minn. Stat. § 630.10 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1979 c 233 s 42]
Notes of Decisions
Cited in 10
cases, 1947–1978 · leading case: State v. Borst, 154 N.W.2d 888 (Minn. 1967).
State v. Borst, 154 N.W.2d 888 (Minn. 1967). “It simply provides that "[i]n all criminal prosecutions the accused shall enjoy the right * * * to have the assistance of counsel in his defense.”
State v. Moosbrugger, 116 N.W.2d 68 (Minn. 1962). “Although he was aware of his right to counsel, he further asserts that upon his “ar *58 raignment” the court failed to ask him if he desired the aid of counsel, as he claims is required by § 630.10. The state contends that § 630.10 has no application to a prosecution for a…”
State Ex Rel. Adams v. Rigg, 89 N.W.2d 898 (Minn. 1958). “Relator further contends that he was denied due process of law and that he was not informed by the court, as required by § 630.10, of his right to have counsel before being arraigned and that he was not asked if he desired the aid of counsel.”
State v. Martin, 27 N.W.2d 158 (Minn. 1947). “1945, § 630.10, 3 it is provided: “If the defendant shall appear for arraignment without counsel, he shall be informed by the court that it is his right to have counsel before being arraigned, and shall be asked if he desires the aid of counsel.”
State v. Paulick, 151 N.W.2d 591 (Minn. 1967). “(2d) 68, 71 , we held that § 630.10 required that traffic violators be advised of their right to counsel, stating: “* * * jn such proceedings it is elementary that the defendant has a right to all the constitutional and statutory safeguards which would be painstakingly accorded…”
State Ex Rel. Schwanke v. Utecht, 47 N.W.2d 99 (Minn. 1951). “) In the light of all these circumstances, was appellant denied due process of law by reason of the failure of the court to inform him prior to arraignment of his right to counsel as required by § 630.10? *440 ' It is not every denial of statutory right, or of constitutional…”
State Ex Rel. Lacklineo v. Tahash, 126 N.W.2d 646 (Minn. 1964). “When an accused appears for arraignment without counsel, the likelihood of irregularities might be minimized if, immediately following the accused’s identity with the charge and the bind-over proceeding, emphasis were placed upon informing the accused of his right to counsel as…”
State v. Roy, 122 N.W.2d 615 (Minn. 1963). “Section 630.10 provides: "If the defendant shall appear for arraignment without counsel, he shall be informed by the court that it is his right to have counsel before being arraigned, and shall be asked if he desires the aid of counsel.”
State Ex Rel. Shelby v. Rigg, 96 N.W.2d 886 (Minn. 1959). “10 provides that: “If the defendant shall appear for arraignment without counsel, he shall be informed by the court that it is his right to have counsel before being arraigned, and shall be asked if he desires the aid of counsel.”
City of Minneapolis v. Wentworth, 269 N.W.2d 882 (Minn. 1978). “We went on to limit Martin and Weich to their facts and caution that: “It might be observed that good practice in such prosecutions, when punitive ordinances are involved, would be to adhere to the spirit of § 630.10.” 4 We now hold that defendants should be advised of their…”
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