Ex parte Bridewell
Mississippi Supreme Court
Appeal from the decision of Hon. Upton M. Young, Judge of the Eleventh District of Mississippi, on a writ of habeas corpus, refusing to admit the appellant to bail.
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Appeal from the decision of Hon. Upton M. Young, Judge of the Eleventh District of Mississippi, on a writ of habeas corpus, refusing to admit the appellant to bail. The bond required by the judgment of the Supreme Court in the former habeas corpus proceeding, ante, 39, was not given, but Bridewell remained in custody until the grand jury found an indictment against him for murder, when he petitioned for the present writ, averring that, having been adjudged by the Supreme Court, on all the proof, entitled to bail, the question of his right was res adjudicata. But the District Attorney opposed…
1Opinion of the CourtCampbell, J.
The judgment of this court admitting the appellant to bail was conclusive of his right to bail in the state of case which then existed, but not of his right to bail on a new state of facts since occurring, and presenting a case different from that existing when the former application was made. Our statute, *182Code 1871, § 1413, makes the judgment rendered on the trial of any writ of habeas corpus a bar to another habeas corpus “ to bring the same matter again in question ,• ” but the conclusiveness of the judgment is limited to the conditions existing at the time, and does not preclude…
2Cases cited2 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Ex parte PattisonMississippi Supreme Court · 1878
3Cited by6 opinions
- Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1899
- State ex rel. Collins v. JonesMississippi Supreme Court · 1913
- Beck v. AllenMississippi Supreme Court · 1880
- Ex parte HamiltonMississippi Supreme Court · 1887
- Ex parte HamiltonMississippi Supreme Court · 1887
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