State v. Hayden
Supreme Court of Minnesota
Habeas corpus. Appeal by the state from an order of the district court for Washington county, McCluer, J., presiding, discharging the defendant, who had been committed on a charge of embezzlement.
1Opinion of the CourtVanderburgh, J.
The defendant was held to bail by an examining magistrate to answer the criminal charge of embezzlement. He was discharged upon habeas corpus by one of the district judges of Washington county, on the ground that the record failed to disclose evidence sufficient to warrant the decision of the magistrate.
The court or judge is not, in such cases, to sit as a court of review, to determine the sufficiency of the evidence as respects the guilt or innocence of the accused, but to inquire whether the proceedings are without jurisdiction, or the determination of the magistrate unsupported by…
2Cases cited2 opinions
- In re SnellSupreme Court of Minnesota · 1883
- State v. BaumhagerSupreme Court of Minnesota · 1881
3Cited by11 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State v. FlorenceSupreme Court of Minnesota · 1976
- State Ex Rel. McCaffrey v. ShanksCourt of Appeals of Wisconsin · 1985
- State v. TowerySupreme Court of Alabama · 1904
- State v. BeaverstallNorth Dakota Supreme Court · 1903
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