Minnesota Supreme Court, 1922

In re Salisbury

In re Salisbury
Minnesota Supreme Court · Decided June 16, 1922
153 Minn. 548; 194 N.W. 460; 1922 Minn. LEXIS 850 (Minnesota Reports)

Counsel

E. S. Cary, Tom Davis and John Temple, for relator., Clifford L. Hilton, Attorney General, C. H. Christopherson, Assistant Attorney General, A. P. Kief, County Attorney, and C. D. Bensel, for the state.

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Last cited by a Minnesota appellate court in 1958, among the opinions in this site’s citation index.

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In re Salisbury

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

PER CURIAM.

The application for a writ of habeas corpus and for an order admitting the applicant to bail pending the trial of an indictmnet against her is denied.

She is under indictment for murder in the first degree and bailable under the Constitution. Article 1, § 7. Whether a person so charged should be admitted to bail is primarily for the trial court, and until that court has inquired into the facts of the case and exercised its discretion in the premises, the supreme court will not act. Here the trial judge was of opinion tha.t the offense charged is not bailable, and on that theory denied bail; he did not, .as we are advised, exercise his discretion in the matter, being of opinion that he had none to exercise.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.