State ex rel. Holland v. Miesen
| Decision Date | 01 May 1906 |
| Citation | 106 N.W. 1134,98 Minn. 19 |
| Parties | STATE ex rel. HOLLAND v. MIESEN, Sheriff. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Application by the state, on the relation of Henry Holland, for a writ of habeas corpus to Anton Miesen, sheriff of Ramsey county. Writ granted.Sheehan & Keefe and Ayers & McDonald, for relator.
T. R. Kane and O. H. O'Neill, for respondent.
The relator was brought before this court by virtue of a writ of habeas corpus. The matter was heard upon the petition and writ and the respondent's return thereto; it being conceded for the purpose of the hearing that the allegations of fact in the petition are true. A prompt decision necessitates the postponement to a later date of the filing of a formal opinion herein. At this time we simply announce our conclusion, which is that the judgment and commitment by virtue of which the respondent, as sheriff, justifies his detention of the relator, are void for the reason that the district court had no jurisdiction to sentence the relator to imprisonment, except for the purpose of enforcing the payment of a fine, as punishment for the contempt of which he was found guilty. Therefore it is ordered that the relator be, and he is hereby, discharged from imprisonment under such judgment and committment; but ordered, further, that the respondent, as sheriff, without unnecessary delay deliver the relator into the custody of the district court of the county of Ramsey, to the end that he may be re-sentenced by such court upon its finding that he was guilty of the contempt charged against him. Let a certified copy of this order be filed in the office of the clerk of such court.
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