State ex rel. Elms v. Brown
Supreme Court of Minnesota
Upon the relation of Mathew Elms the district court for Hennepin county granted its writ of habeas corpus directed to Earle Brown as sheriff of that county. From an order, Jelley, J., quashing the writ and remanding relator to the custody of respondent, relator appealed.
1Opinion of the CourtQuinn, J.
Relator seeks release from prison through a writ of habeas corpus. The legality depends upon whether the judgment and commitment are absolutely void, because of the form of the verdict. It is the contention of relator that the verdict is not sufficient to support the judgment in that it fails to mention the age of prosecutrix or to designate the county in which the offense is claimed to have been committed, and that 'it makes no reference to the charge as contained in the indictment. The charging part of the indictment is as follows: “The said Mathew Elms on the fourth day of December, A. D.…
2Cases cited20 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- In Re EckartSupreme Court of the United States · 1897
- People v. HolmesCalifornia Supreme Court · 1897
- Ex parte GibsonCalifornia Supreme Court · 1867
- Willis v. BaylesIndiana Supreme Court · 1886
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3Cited by9 opinions
- State Ex Rel. Ruffing v. JamesonSouth Dakota Supreme Court · 1963
- Shaw v. UtechtSupreme Court of Minnesota · 1950
- State v. RudinSupreme Court of Minnesota · 1922
- Breeding v. UtechtSupreme Court of Minnesota · 1953
- State Ex Rel. McGuire v. TahashSupreme Court of Minnesota · 1961
4 more not listed; retrieve them via the Exa API.