State Ex Rel. Ryan v. Morical
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1955, among the opinions in this site’s citation index.
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Cases that cite this one
4 later published cases cite this decision.
- Communication Technical Systems, Inc. v. Densmore (S.D. 1998)
- State v. Ketterer (Minn. 1955)
- City of St. Paul v. Hall (Minn. 1953)
- Communications Tech. Sys. (S.D. 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Eelator, James Eyan, is in the custody of respondent, sheriff of Cass county, under a judgment of the municipal court of the village of Cass Lake convicting him of the crime of killing a deer during the closed season. His petition to the district court for a writ of habeas corpus was denied, and he appeals. If we confined ourselves to the argument for relator we would be unable to afford him any relief. He was tried and convicted, and his own effort is simply to substitute the writ of habeas corpus for an appeal. That cannot be done. State ex rel. Lacy v. Norby, 69 Minn. 451, 72 N. W. 703; 3 Dunnell, Minn. Dig. (2 ed. & Supp.) § 4129.
*369 But the attorney general has brought to our attention L. 1929, p. 602, c. 417, § 6, amending G. S. 1923 (1 Mason, 1927) § 5510, so as to make the taking of a deer during the closed season a gross misdemeanor, punishable by fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than one year, or by both such fine and imprisonment. That amendment puts a trial for relator’s offense beyond the jurisdiction of the municipal court of the village of Cass Lake, which is organized under the general law, G. S. 1923 (1 Mason, 1927) §-§ 215-228. Section 221 gives a municipal court criminal jurisdiction of offenses “cognizable by a justice,” which is limited by § 9111, and Const, art. 6, § 8, to cases where the punishment does not exceed three months’ imprisonment or a fine of over $100.
It follows that the municipal court was without jurisdiction to try the petitioner. His conviction is void. The order appealed from must be reversed and relator forthwith discharged from custody.
So ordered.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.