Legal Opinion

State ex rel. Bacigalupo v. O'Connor

Supreme Court of Minnesota

Decided July 28, 1911No. Nos. 17,245—(252)PublishedCited by 4 opinions

Relator was arrested on a warrant from the municipal court of St. Paul, charged with violating the city ordinance quoted in the opinion, and upon his petition the district court for Ramsey county issued its writ of habeas corpus directed to the chief of police. Upon the hearing on the return day the court, Kelly, J., discharged the writ, and remanded the prisoner to the custody of the police to be dealt with according to law. Erom that order, he appealed.

1Opinion of the CourtLewis, J.

The relator was arrested on a criminal warrant issued from the municipal court of the city of St. Paul, which charged that on June *34020, 1911, at the city of St. Paul, the relator did wrongfully, unlawfully, and wilfully expose berries, fruits, and candies for sale outside of a building, not having same protected from both flies and dust, contrary to the provisions of an ordinance to protect fruits and candies from flies and dust, approved May 23, 1911. The matter comes to this court upon appeal from an order of the district court denying a writ of habeas corpus.

Section 1 of the ordinance reads…

2Cited by4 opinions

  1. Territory v. Hop KeeHawaii Supreme Court · 1912
  2. Barrett v. RiettaSupreme Court of Alabama · 1922
  3. Montgomery v. City of San Diego Health DepartmentCalifornia Court of Appeal · 1958
  4. Tyler Vasseur v. City of Minneapolis, Ginny Gelms, in her official capacity as Elections Manager, Hennepin CountySupreme Court of Minnesota · 2016

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