Legal Opinion

State ex rel. Howard v. Grace

Supreme Court of Minnesota

Decided January 15, 1872PublishedCited by 11 opinions

The relators were arrested and brought before the district court for Ramsey county under the provisions of an act entitled “An act to compel attendance of witnesses in certain cases,” (Laws 1868, ch. 71,) and were required to enter into recognizance, with sureties, for their appearance as witnesses in a certain criminal prosecution instituted against one Mary Monti, who had been arrested and examined before the city justice of St. Paul, and upon examination held for trial at…

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The relators were arrested and brought before the district court for Ramsey county under the provisions of an act entitled “An act to compel attendance of witnesses in certain cases,” (Laws 1868, ch. 71,) and were required to enter into recognizance, with sureties, for their appearance as witnesses in a certain criminal prosecution instituted against one Mary Monti, who had been arrested and examined before the city justice of St. Paul, and upon examination held for trial at the district court, and were committed to the jail of Ramsey county, though upon examination by the court they stated…

1Opinion of the Court

By the Court.

Ripley, Oh. J.

The proceedings upon which these relators were committed were taken under ch. 71 of the Laws of 1868. The petition for this writ of habeas corpus states, that Mary Monti had been arrested and brought before the police justice of St. Paul, charged with manslaughter in the 2d degree, and upon examination was held to answer the ■ same at the next May term of the district court for Ramsey county. If this were so, and the return contains nothing to the contrary, we think that a prosecution for felony was pending in the said district court, within the said statute,…

2Cited by11 opinions

  1. Barry v. United States Ex Rel. CunninghamSupreme Court of the United States · 1929
  2. Conley v. United StatesCourt of Appeals for the Eighth Circuit · 1932
  3. People v. McDonaldAppellate Court of Illinois · 2001
  4. Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
  5. Ames v. New York Life InsuranceSupreme Court of Minnesota · 1922

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