Ex parte Donaldson
Supreme Court of Missouri
Petition for habeas corpus. Under the provision of the statute, sections 28, 29, chapter 213, the prisoner would not be entitled to his discharge until the expiration of the March term, 1869, and such term has not yet expired.
Read the full summary
Petition for habeas corpus. Under the provision of the statute, sections 28, 29, chapter 213, the prisoner would not be entitled to his discharge until the expiration of the March term, 1869, and such term has not yet expired. (12 Mo. 592 ; 14 Mo. 386 ; 21 Mo. 464 ; Ex parte Walton, 2 Wheat. 501.) The circuit attorney, in criminal proceedings, may, at any time before trial, of his own accord, and at any time before judgment, with the assent of the court, enter a nolle prosequi. (1 Wharfc., 5th ed., 513; Commonwealth v. Wheeler, 2 Mass. 172 ; Commonwealth v. Briggs, 7 Pick. 179 ; State y.…
1Opinion of the CourtWagner, Judge
The petitioner prays for a writ of habeas corpus, and states that he is imprisoned and restrained of his liberty in the county jail of St. Louis county by Emile Thomas, the jailor thereof; that he is so detained under and by virtue of an affidavit made by Charles P. Johnson, the circuit attorney, on the 9th day of April, 1869, charging him with the crime of murder, upon which a warrant was issued from the St. Louis Court of Criminal Correction, and upon said warrant he was imprisoned, and is still held in custody. He further states that he was indicted at the July term, 1868, of the St. Louis…
2Cited by7 opinions
- State v. WearSupreme Court of Missouri · 1898
- State Ex Rel. Griffin v. SmithSupreme Court of Missouri · 1953
- State v. MaloneSupreme Court of Missouri · 1957
- Cutler v. HurlbutWisconsin Supreme Court · 1871
- State v. NugentSupreme Court of Missouri · 1879
2 more not listed; retrieve them via the Exa API.