State v. Buckner
Supreme Court of Missouri
Prohibition. (1) Territorial jurisdiction is lacking. The confinement, by an officer of a prisoner, both officer and prisoner being in a county beyond the limits of Judge Buckner’s judicial circuit, bars his right to interfere with a writ of habeas corpus. Secs. 22, 23 and 24, Art. 6, Mo. Constitution; Sec. 1877, R. S. 1919. (2) That there are territorial limitations to a circuit judge’s power to issue the writ of habeas corpus, is show'll by the Habeas Corpus Act itself.
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Prohibition. (1) Territorial jurisdiction is lacking. The confinement, by an officer of a prisoner, both officer and prisoner being in a county beyond the limits of Judge Buckner’s judicial circuit, bars his right to interfere with a writ of habeas corpus. Secs. 22, 23 and 24, Art. 6, Mo. Constitution; Sec. 1877, R. S. 1919. (2) That there are territorial limitations to a circuit judge’s power to issue the writ of habeas corpus, is show'll by the Habeas Corpus Act itself. See. 1880, R. S. 1919. (3) A circuit judge’s-power to issue writs of habeas corpus is limited territorially, just the same…
1Opinion of the Court
Prohibition against Thomas B. Buckner, one of the judges of the Circuit Court of Jackson County, Missouri, to prevent him from interfering by writ of habeas corpus with the execution of a sentence of imprisonment against one Walter McFaddin pronounced by the Criminal Court of Lafayette County.
Upon the application of the said McFaddin, defendant Buckner granted a writ of habeas corpus commanding the Sheriff of Lafayette County to release on bail said McFaddin, who was then confined in jail.
McFaddin had theretofore pleaded guilty in the Criminal Court of Lafayette County to a charge of keeping…
2Cases cited4 opinions
- St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
- State ex rel. Board of Education v. NastSupreme Court of Missouri · 1908
- In re WebersSupreme Court of Missouri · 1918
- Ex parte GaumeSupreme Court of Missouri · 1901
3Cited by7 opinions
- Click v. ClickWest Virginia Supreme Court · 1925
- Bromwell v. NixonSupreme Court of Missouri · 2012
- State Ex Rel. Attorney-General v. SkinkerSupreme Court of Missouri · 1930
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- Ward v. Public Service CommissionSupreme Court of Missouri · 1937
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