State ex rel. Madigan v. Wagener
Supreme Court of Minnesota
Habeas corpus. The facts are given in the opinion. From an order of the district court for Ramsey county, Otis, J., denying relator’s petition and remanding him to the custody of the sheriff, he' appealed. A court-martial is a court of special and limited jurisdiction. The facts necessary to show its jurisdiction, and that its sentence is conformable to law, must be stated or appear positively, and not be left to be inferred.
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Habeas corpus. The facts are given in the opinion. From an order of the district court for Ramsey county, Otis, J., denying relator’s petition and remanding him to the custody of the sheriff, he' appealed. A court-martial is a court of special and limited jurisdiction. The facts necessary to show its jurisdiction, and that its sentence is conformable to law, must be stated or appear positively, and not be left to be inferred. Runkle v. U. S., 122 U. S. 543; In re Grimley, 137 U. S. 147. Guaranty in the constitution of trial by jury was intended for a state of war, as well as a state of peace,…
1Opinion of the CourtMitchell, J.
The relator, alleged to be an enlisted private in the active militia or national guard of the state of Minnesota, was, pursuant to the provisions of the “Military Code” (Laws 1897, c. 118), arraigned before the regimental court-martial, upon the charges of “absence without leave from regular company drill,” in violation of section 27, and “.wilful disobedience, of orders,” in violation of section 26, of the Code. His trial resulted in his being found guilty of the charges, and sentenced to pay a fine of $10 and costs of prosecution, taxed by the court-martial at $25, and, in default of…
2Cases cited5 opinions
- Dynes v. HooverSupreme Court of the United States · 1858
- State ex rel. Erickson v. WestSupreme Court of Minnesota · 1889
- Dunne v. PeopleIllinois Supreme Court · 1879
- Nixon v. ReevesSupreme Court of Minnesota · 1896
- People Ex Rel. Underwood v. . DaniellNew York Court of Appeals · 1872
3Cited by13 opinions
- State v. PehrsonSupreme Court of Minnesota · 1939
- Gaulke v. StateSupreme Court of Minnesota · 1971
- State v. LessleySupreme Court of Minnesota · 2010
- State ex rel. Carmody v. ReedSupreme Court of Minnesota · 1916
- Reilly v. PescorCourt of Appeals for the Eighth Circuit · 1946
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