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State ex rel. Ferrario v. Rigg

Supreme Court of Minnesota
Mar 24, 1961
259 Minn. 564 (Minn. 1961)

Opinion


108 N.W.2d 309 (Minn. 1961) 259 Minn. 565 STATE of Minnesota ex rel. Robert L. FERRARIO, Petitioner, v. Douglas C. RIGG, Warden, Minnesota State Prison, Respondent. No. 38167. Supreme Court of Minnesota. March 24, 1961

       [259 Minn. 565] Robert L. Ferrario, pro se.

       Walter F. Mondale, Atty. Gen., Charles E. Houston, Sol. Gen., St. Paul, for respondent.

       PER CURIAM.

       On June 13, 1960, the Honorable Carl W. Gustafson, Judge of the District Court of Washington County, denied petitioner's petition for a writ of habeas corpus. An appeal was taken to this court. Thereafter, on August 30, 1960, petitioner was discharged from the state penitentiary on parole. Respondent now moves this court that the appeal be dismissed.

       The case is governed by State ex rel. Koalska v. Rigg, 247 Minn. 149, 76 N.W.2d 504. Petitioner, by his agreement, having accepted his liberty, subject to supervision of the parole authorities, is no longer restrained of his liberty to such an extent that habeas corpus will lie.

       The motion to dismiss is granted.

       OTIS, J., not having been a member of the court at the time of submission, took no part in the consideration or decision of this case.


Summaries of

State ex rel. Ferrario v. Rigg

Supreme Court of Minnesota
Mar 24, 1961
259 Minn. 564 (Minn. 1961)
Case details for

State ex rel. Ferrario v. Rigg

Case Details

Full title:STATE EX REL. ROBERT L. FERRARIO v. DOUGLAS C. RIGG

Court:Supreme Court of Minnesota

Date published: Mar 24, 1961

Citations

259 Minn. 564 (Minn. 1961)
259 Minn. 564
259 Minn. 565

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