Legal Opinion

State Ex Rel. Novak v. Utecht

Supreme Court of Minnesota

Decided October 21, 1938No. 31,931PublishedCited by 10 opinions

1Opinion of the Court

Stone, Justice.

Relator appeals from an order discharging his writ of habeas corpus and remanding him to the custody of respondent as warden of the Minnesota State Prison at Stillwater.

February 21, 1910, appellant, after due indictment and trial by jury in the district court of Yellow Medicine county, was convicted of murder in the second degree. He was thereupon sentenced to imprisonment for life in the state prison, where he now remains. Over a considerable period before his trial, appellant had been insane and so adjudged by Wisconsin authority. From one of the institutions for the insane…

2Cases cited5 opinions

  1. Fauntleroy v. LumSupreme Court of the United States · 1908
  2. Marin v. AugedahlSupreme Court of the United States · 1918
  3. State ex rel. Kelly v. WolferSupreme Court of Minnesota · 1912
  4. State Ex Rel. Newman v. WallSupreme Court of Minnesota · 1933
  5. Marquis v. WirenSupreme Court of Kansas · 1906

3Cited by10 opinions

  1. State v. BauerSupreme Court of Minnesota · 1976
  2. McMahan v. HunterCourt of Appeals for the Tenth Circuit · 1945
  3. Magenton v. StateSouth Dakota Supreme Court · 1957
  4. Massey v. Moore, WardenCourt of Appeals for the Fifth Circuit · 1953
  5. Lee v. StateAlabama Court of Appeals · 1949

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