State Ex Rel. Klingle v. Fisher

Taylor, C.

The relator, alleged to be a member of company F, 135th infantry, Minnesota national guard, located at the city of Owatonna in Steele county, was convicted by a summary court martial of being absent from duty Avithout leave and was sentenced to pay a fine of $25 or be committed to the county jail for a term of 25 days. He refused to pay the fine and Avas committed to the jail. Thereupon he procured a writ of habeas corpus from the district court of Steele county. That court discharged the writ and remanded him to the custody of the sheriff. He appealed. The cause is submitted to…