State ex rel. Sheehan v. Judge of the Fifth District Court
Supreme Court of Louisiana
Application for a' writ of certiorari. First — That exclusive criminal jurisdiction in the parish of Orleans, being’ vested in the First District Court and in the Superior Criminal Court, no civil district court could exercise such jurisdiction.
Read the full summary
Application for a' writ of certiorari. First — That exclusive criminal jurisdiction in the parish of Orleans, being’ vested in the First District Court and in the Superior Criminal Court, no civil district court could exercise such jurisdiction. Constitution of 1868, art. 83 ; Act No. 124 of 1874. Second — That if a court has no criminal jurisdiction it cannot issue a writ of habeas corpus to have effect in a criminal case. 4 A. 427 ; 3 M. 42 ; 6 L. 427 ; 15 A. 347, 565. Third — That the Supreme Court has jurisdiction under the constitution of 1879 to issue writs of certiorari to revise the…
1Opinion of the Court
The opinion of the court was delivered by
Manning, C. J.
The relator Sheelmn is the recorder of the First Recorder’s Court in this city. One Hugo Von Ullrich was arrested by his warrant, issued upon an affidavit made before him by Henrietta Von Ullrich, charging him with breaking and entering a dwelling-house, armed with a deadly weapon, with the intent to commit murder. The arrest was made on the 8th of this month, and it appears from the recorder’s statement that on the 11th Ullrich was arraigned before him and pleaded not guilty.
The recorder had no authority to arraign the prisoner, nor was…
2Cited by3 opinions
- Gleissner v. HughesSupreme Court of Louisiana · 1922
- State ex rel. Sorrel v. FosterSupreme Court of Louisiana · 1901
- State v. HumphreySupreme Court of Alabama · 1899