Ex parte Leach v. McDonald
Supreme Court of Missouri
Habeas Corpus. If the election is illegal, if the Local Option Act was not legally adopted, the process under which petitioner was arrested and detained was not authorized by any provision of the law, and habeas corpus will lie.
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Habeas Corpus. If the election is illegal, if the Local Option Act was not legally adopted, the process under which petitioner was arrested and detained was not authorized by any provision of the law, and habeas corpus will lie. R. S. 1899, sec. 3578; 2 Spelling, Extraordinary Relief, secs. 1205 and .1207; Ex parte Neet, 157 Mo. 527; In ,re Flukes, 157 Mo. 125; Ex parte Harrison, 212 Mo. 88; Ex parte Smith, 135' Mo. 223; Ex parte Marmadnke, 91 Mo. 228. It is a general- rule of law governing special elections, or at least it is in this State, that the provisions of the statutes regulating the…
1Opinion of the CourtWoodson, J.
This is a proceeding by habeas corpus, instituted by the petitioner in the Springfield Court of Appeals. The prayer for release was denied, and the petitioner was remanded to the custody of the sheriff. However, that court considered its opinion delivered therein was in conflict with the opinion delivered by the Kansas City Court of Appeals, in State v. Gatlin, 143 Mo. App. 605, and in consequence thereof the cause was, under the provisions of the Constitution, certified to this court.
The petitioner was arrested by virtue of a warrant duly issued under an information filed by the prosecuting…
2Cases cited1 opinion
- State v. GatlinMissouri Court of Appeals · 1910
3Cited by3 opinions
- State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
- Bauch v. City of CaboolMissouri Court of Appeals · 1912
- State ex inf. Latham v. AllenSupreme Court of Missouri · 1951