Legal Opinion

State ex rel. Salter v. McDonald

Supreme Court of Minnesota

Decided April 18, 1913No. Nos. 18,172—(15)PublishedCited by 9 opinions

Tbe district court for Hennepin county issued, its writ of babeas corpus requiring Erank McDonald, superintendent of tbe Minneapolis workhouse, to show cause wby be retained Annie Salter in custody. Tbe return to tbe writ showed that tbe detention was by virtue of a commitment, a copy of which was attached to tbe return.

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Tbe district court for Hennepin county issued, its writ of babeas corpus requiring Erank McDonald, superintendent of tbe Minneapolis workhouse, to show cause wby be retained Annie Salter in custody. Tbe return to tbe writ showed that tbe detention was by virtue of a commitment, a copy of which was attached to tbe return. The matter was beard by Jelley, L, who denied tbe petition, discharged tbe writ, and ordered that tbe prisoner be admitted to bail pending appeal to this court. From the order discharging the writ, petitioner appealed.

1Opinion of the Court

Dibell, C.

The relator was convicted in the municipal court of Minneapolis of the violation of an ordinance. She was sentenced to the workhouse for 80 days, and was committed to the custody of the respondent, its superintendent. Upon her petition a writ of habeas corpus was issued from the district court of Hennepin county. Hpon the hearing the writ was discharged, and the relator was remanded to the custody of the respondent. She appeals.

The ordinance under which this prosecution is had'was first enacted in 1877, under an earlier charter than the present one, but one containing similar…

2Cases cited3 opinions

  1. State ex rel. Erickson v. WestSupreme Court of Minnesota · 1889
  2. State ex rel. Bahr v. BatesSupreme Court of Minnesota · 1908
  3. State ex rel. Abrahamson v. BatesSupreme Court of Minnesota · 1909

3Cited by9 opinions

  1. State ex rel. Sellers v. ParkerSupreme Court of Florida · 1924
  2. State v. KettererSupreme Court of Minnesota · 1956
  3. State Ex Rel. Grozbach v. Common School District No. 65Supreme Court of Minnesota · 1952
  4. City of Red Wing v. NibbeSupreme Court of Minnesota · 1924
  5. Ex Parte HensleyCourt of Criminal Appeals of Texas · 1956

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