153 N.W.2d 831
No. 40,021.Supreme Court of Minnesota.
October 27, 1967.
Contempt — constructive criminal contempt — procedures required in prosecution.
Certiorari upon the relation of Palmer A. Peterson, defendant in a divorce action, to review an order of the Hennepin County District Court, Stanley D. Kane, Judge, whereby relator was adjudged guilty of criminal contempt. Reversed and remanded for a new trial.
Nilva, Shaw Frisch and Ray Flader, for relator.
James P. Rorris and Dygert Gunn, for respondent.
PER CURIAM.
Relator was convicted of constructive criminal contempt by the District Court of Hennepin County on March 18, 1965. The proceedings were prosecuted by plaintiff-respondent’s private attorney rather than by the county attorney, and relator was not afforded a jury trial. The judgment accordingly must be reversed and remanded for proceedings consistent with Peterson v. Peterson, 278 Minn. 275, 153 N.W.2d 825.
Reversed and remanded for a new trial.