160 N.W. 858 (Minn. 1917), 20,269, State ex rel. Bond v. Langum

Docket Nº20,269 - (311)
Citation160 N.W. 858, 135 Minn. 320
Opinion JudgePER CURIAM.
Party NameSTATE EX REL. ERA BOND v. OTTO S. LANGUM
AttorneyLyndon A. Smith, Attorney General, and John M. Rees, County Attorney, for respondent sheriff. Ernest S. Cary and C. J. Cahaley, for relator.
Case DateJanuary 11, 1917
CourtSupreme Court of Minnesota

Page 858

160 N.W. 858 (Minn. 1917)

135 Minn. 320

STATE EX REL. ERA BOND

v.

OTTO S. LANGUM

Nos. 20,269 - (311)

Supreme Court of Minnesota

January 11, 1917

Upon the relation of Era Bond the district court for McLeod county granted its writ of habeas corpus directed to respondent as sheriff of Hennepin county. The matter was heard by Morrison, J., who denied respondent's motion to quash the writ and remand the prisoner to his custody, sustained the writ, and discharged the prisoner. From the order sustaining the writ, and discharging the prisoner, respondent sheriff appealed. Motion to dismiss appeal denied. Reversed.

SYLLABUS

Habeas corpus -- order discharging relator appealable.

1. An order discharging relator in a habeas corpus proceeding is appealable notwithstanding no stay was obtained in the court below.

Extradition of prisoner -- evidence necessary to offset warrant.

2. To overcome the effect to be given the Governor's warrant in an extradition case, the evidence must clearly and satisfactorily demonstrate that the person therein named was not in the demandant state at or about the time the crime for which he is indicted was committed. The evidence is held not to come up to this measure of proof.

Lyndon A. Smith, Attorney General, and John M. Rees, County Attorney, for respondent sheriff.

Ernest S. Cary and C. J. Cahaley, for relator.

OPINION

PER CURIAM.

The Governor of Illinois issued a requisition to the Governor of this [135 Minn. 321] state for Era Bond, the relator, who had been indicted by the grand jury of Cook county, Illinois, for the crime of grand larceny charged to have been committed in said county on or about November 7, 1915. After a hearing, the Governor of this state issued his warrant of rendition directing the respondent, the sheriff of Hennepin county, to apprehend relator and surrender him to the official agent of the state of Illinois as provided by law. The respondent took relator into custody by virtue of the warrant, but, by resort to the writ of habeas corpus in the state and Federal courts, relator has

Page 859

thus far prevented extradition. The last writ petitioned for was issued by Judge Morrison, judge of the judicial district adjoining that wherein relator was detained by respondent. Upon the hearing relator was discharged and the sheriff appealed to this court,...

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11 practice notes
  • 135 N.W.2d 447 (Minn. 1965), 39583, State ex rel. Gegenfurtner v. Granquist
    • United States
    • Minnesota Supreme Court of Minnesota
    • May 14, 1965
    ...112 N.W. 260; Drew v. Thaw, 235 U.S. 432, 35 S.Ct. 137, 59 L.Ed. 302; Annotation, 93 A.L.R.2d 912. [4] See, State ex rel. Bond v. Langum, 135 Minn. 320, 160 N.W. 858; State ex rel. Liimatainen v. Boekenoogen, 140 Minn. 120, 167 N.W. 301; State ex rel. Stephenson v. Ryan, 235 Minn. 161, 50 N......
  • 541 P.2d 17 (Alaska 1975), 2252, Smedley v. Holt
    • United States
    • Alaska Supreme Court of Alaska
    • October 6, 1975
    ...California Penal Code Annotated § 461 (Deering 1971) provides a sentence of from 1 to 15 years. [3] See State ex rel. Bond v. Langum, 135 Minn. 320, 160 N.W. 858 (1917), cert. denied, 242 U.S. 653, 37 S.Ct. 246, 61 L.Ed. 547 (1917); Henderson v. James, 52 Ohio St. 242, 39 N.E. 805 (1895); E......
  • 142 N.W.2d 563 (Minn. 1966), 39737, State v. Limberg
    • United States
    • Minnesota Supreme Court of Minnesota
    • April 22, 1966
    ...271 Minn. 207, 135 N.W.2d 447; and cases collected in Note, 31 Minn.L.Rev. 703, at 706, 707. [6] See, State ex rel. Bond v. Langum, 135 Minn. 320, 160 N.W. 858; State ex rel. Liimatainen v. Boekenoogen, 140 Minn. 120, 167 N.W. 301; State ex rel. Rogers v. Murnane, 172 Minn. 401, 215 N.W. 86......
  • 167 N.W. 301 (Minn. 1918), 20,919, State ex rel. Liimatainen v. Boekenoogen
    • United States
    • Minnesota Supreme Court of Minnesota
    • April 19, 1918
    ...to appear that he is not a fugitive from justice." McNichols v. Pease, 207 U.S. 100, 28 S.Ct. 58, 52 L.Ed. 121; State v. Langum, 135 Minn. 320, 160 N.W. 858. 4. The record does not really leave this question in doubt. The state is not confined to the dates charged in the indictment. It......
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11 cases
  • 135 N.W.2d 447 (Minn. 1965), 39583, State ex rel. Gegenfurtner v. Granquist
    • United States
    • Minnesota Supreme Court of Minnesota
    • May 14, 1965
    ...112 N.W. 260; Drew v. Thaw, 235 U.S. 432, 35 S.Ct. 137, 59 L.Ed. 302; Annotation, 93 A.L.R.2d 912. [4] See, State ex rel. Bond v. Langum, 135 Minn. 320, 160 N.W. 858; State ex rel. Liimatainen v. Boekenoogen, 140 Minn. 120, 167 N.W. 301; State ex rel. Stephenson v. Ryan, 235 Minn. 161, 50 N......
  • 541 P.2d 17 (Alaska 1975), 2252, Smedley v. Holt
    • United States
    • Alaska Supreme Court of Alaska
    • October 6, 1975
    ...California Penal Code Annotated § 461 (Deering 1971) provides a sentence of from 1 to 15 years. [3] See State ex rel. Bond v. Langum, 135 Minn. 320, 160 N.W. 858 (1917), cert. denied, 242 U.S. 653, 37 S.Ct. 246, 61 L.Ed. 547 (1917); Henderson v. James, 52 Ohio St. 242, 39 N.E. 805 (1895); E......
  • 142 N.W.2d 563 (Minn. 1966), 39737, State v. Limberg
    • United States
    • Minnesota Supreme Court of Minnesota
    • April 22, 1966
    ...271 Minn. 207, 135 N.W.2d 447; and cases collected in Note, 31 Minn.L.Rev. 703, at 706, 707. [6] See, State ex rel. Bond v. Langum, 135 Minn. 320, 160 N.W. 858; State ex rel. Liimatainen v. Boekenoogen, 140 Minn. 120, 167 N.W. 301; State ex rel. Rogers v. Murnane, 172 Minn. 401, 215 N.W. 86......
  • 167 N.W. 301 (Minn. 1918), 20,919, State ex rel. Liimatainen v. Boekenoogen
    • United States
    • Minnesota Supreme Court of Minnesota
    • April 19, 1918
    ...to appear that he is not a fugitive from justice." McNichols v. Pease, 207 U.S. 100, 28 S.Ct. 58, 52 L.Ed. 121; State v. Langum, 135 Minn. 320, 160 N.W. 858. 4. The record does not really leave this question in doubt. The state is not confined to the dates charged in the indictment. It......
  • Request a trial to view additional results