Opinion · Ndlaw North Dakota

STATE EX REL. MAGRUM v. NYGAARD, 76 N.D. 552 (1949)

38 N.W.2d 370

Type
Opinion
Court
Ndlaw North Dakota
Jurisdiction
Ndlaw
Date
1949-06-14
Topic
general

STATE EX REL. MAGRUM v. NYGAARD, 76 N.D. 552 (1949) 38 N.W.2d 370 STATE EX REL. CLARENCE MAGRUM, Petitioner, v. OSCAR J.

Citator

UpLaw has not yet analyzed STATE EX REL. MAGRUM v. NYGAARD, 76 N.D. 552 (1949). The absence of a flag is not a finding that it is good law.

STATE EX REL. MAGRUM v. NYGAARD,76 N.D. 552(1949)
38 N.W.2d 370
STATE EX REL. CLARENCE MAGRUM, Petitioner, v. OSCAR J. NYGAARD, Respondent.
File No. 215
Supreme Court of North Dakota.
Opinion filed June 14, 1949
Application for Writ of Habeas Corpus.

Denied.
Strutz Jansonius, for petitioner.

Hon.Nels G. Johnson, Attorney General,P.O. Sathre, Assistant Attorney General, andJames A. Clement, State's Attorney, for respondent.
BURKE, J.
In this proceeding No. 215 of the criminal docket, the petitioner has prayed for the issuance of a writ of habeas corpus directed to the Warden of the State Penitentiary. The facts and circumstances of petitioner's incarceration in the penitentiary are fully discussed in State v. Magrum, No. 214 of the criminal docket, just decided. In our decision in No. 214, we have directed the release of the petitioner from the custody of the Warden of the State Penitentiary. This proceeding has therefore become moot and the application for the writ is accordingly denied.

NEUSSLE, Ch. J., MORRIS, J., and THOM, JR., and PORTER, District JJ., concur.

CHRISTIANSON, J., disqualified, and BURR, J., did not participate.Page 553