Legal Opinion

State ex rel. Curry v. Wagener

Supreme Court of Minnesota

Decided April 23, 1920No. 21,862PublishedCited by 11 opinions

Upon the relation of Claude O. Curry, the district court for Ramsey county granted its writ of habeas corpus, directed to the sheriff of that county. The sheriff made return that relator was under arrest as a fugitive from justice from the state of Ohio and detained because the Governor of Ohio had made requisition upon the Governor of Minnesota for his return to Ohio. The matter was heard before Nelly, J., who made findings and quashed the writ.

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Upon the relation of Claude O. Curry, the district court for Ramsey county granted its writ of habeas corpus, directed to the sheriff of that county. The sheriff made return that relator was under arrest as a fugitive from justice from the state of Ohio and detained because the Governor of Ohio had made requisition upon the Governor of Minnesota for his return to Ohio. The matter was heard before Nelly, J., who made findings and quashed the writ. From the order quashing the writ, relator appealed. Writ discharged and relator remanded to the custody of the sheriff.

1Opinion of the CourtBrown, C. J.

Habeás corpus in resistance by relator of a warrant of extradition *378issued by the Governor in response to a demand of the Governor of the state of Ohio.

■Relator was duly indicted by the grand jury of the county of Cuyahoga, Ohio, and thereby formally charged with the crime of embezzlement, alleged to have been committed in that county and state on the sixteenth day of July, 1919. Subsequent to that date relator departed from Ohio, and was later apprehended in this state. The executive warrant for his return to Ohio was duly and properly issued, and relator is now .held in custody thereunder.…

2Cases cited5 opinions

  1. In re TodSouth Dakota Supreme Court · 1900
  2. State ex rel. Rinne v. GerberSupreme Court of Minnesota · 1910
  3. Liimatainen ex rel. Liimatainen v. BoekenoogenSupreme Court of Minnesota · 1918
  4. In re GalbreathNorth Dakota Supreme Court · 1913
  5. Leonard v. ZweifelSupreme Court of Iowa · 1915

3Cited by11 opinions

  1. State ex rel. Gegenfurtner v. GranquistSupreme Court of Minnesota · 1965
  2. State v. KahnerSupreme Court of Minnesota · 1944
  3. Ex Parte PinkusCourt of Criminal Appeals of Texas · 1929
  4. Grogan v. WelchSouth Dakota Supreme Court · 1929
  5. State v. IrishSupreme Court of Minnesota · 1931

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