Legal Opinion

In re Shaw

Supreme Court of Minnesota

Decided July 17, 1883PublishedCited by 7 opinions

Appeal by tbe state from an order of the district court for Bice county, Buchham, J., presiding, discharging one William Shaw, on habeas corpus, who had been committed by a justice of the peace, as stated in the opinion. A writ of certiorari to review the order of discharge was quashed. See State v. Buchham, 29 Minn. 462.

1Opinion of the CourtBerry, J.

Upon conviction before a justice of the peace, Shaw was adjudged to pay a fine of $75, or be imprisoned in the county county jail for 30. days, or until the fine was paid. Within 10 days he served the statutory notice of appeal upon the county attorney, .and entered into a recognizance, on account of the insufficiency of which his appeal was dismissed. Thereupon, the fine not having been paid, the justice issued a warrant of commitment. Shaw, hav-. ing been committed to jail upon the warrant, was discharged from custody upon a writ of habeas corpus issued out of the district court. From the…

2Cases cited1 opinion

  1. State ex rel. Keyes v. BuckhamSupreme Court of Minnesota · 1882

3Cited by7 opinions

  1. Ex Parte EldridgeCourt of Criminal Appeals of Oklahoma · 1910
  2. In Re CollinsCalifornia Court of Appeal · 1908
  3. Ex Parte AlexanderCourt of Criminal Appeals of Oklahoma · 1911
  4. In Re NottinghamSupreme Court of Colorado · 1928
  5. Mann v. PeopleColorado Court of Appeals · 1901

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