Fournier v. Roed

(concurring specially)-

I concur in the result reached by the majority, but for different reasons.

The question before this Court is whether the sheriff of Ramsey County has lawful custody of Fournier under a legal and valid commitment by the county justice as committing magistrate.

Before entering into a discussion of the questions raised, we should consider the scope of inquiry and rules which must be applied in determination of an application for a writ of habeas corpus.

It is well settled in this state that the writ of habeas corpus can be invoked only when the person is confined without…