Ex parte Marmaduke
Supreme Court of Missouri
Petition for Habeas Corpus. (1) It is believed that this is the first instance in the judicial history of this state that a conrt has issued a writ of habeas coopios ad testificandum against the warden of the state penitentiary, commanding that officer to produce the person of a convict confined in prison, before the court for the purpose of testifying.
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Petition for Habeas Corpus. (1) It is believed that this is the first instance in the judicial history of this state that a conrt has issued a writ of habeas coopios ad testificandum against the warden of the state penitentiary, commanding that officer to produce the person of a convict confined in prison, before the court for the purpose of testifying. Section 4031, Revised Statutes, 1879, is as follows : “Courts of record, and any judge or justice thereof, shall have power, upon the application of any party to a suit or proceeding, civil or criminal, pending in any court of record or public…
1Opinion of the CourtNorton, C. J.
On the twenty-seventh day of January, 1887, the St. Louis criminal court caused to be issued and served on petitioner the following writ :
“City of St. Louis. — ss.
“The State of Missouri, to Darwin W. Marmaduke, Warden of the Missouri State Penitentiary at Jefferson City, Missouri — Greeting : We command that you do, on Monday, January 31, 1887, at 10 o’clock, A. m., without excuse or delay, bring, or cause to be brought, before the honorable St. Louis criminal court, the body of Frederick Wkitrock, by whatever name or addition he is known or called, who is detained in your custody as it is…
2Cases cited4 opinions
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- State v. AbleSupreme Court of Missouri · 1877
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- State v. WhittonSupreme Court of Missouri · 1878
3Cited by18 opinions
- Pittman v. StateSupreme Court of Florida · 1906
- Ex parte SmithSupreme Court of Missouri · 1896
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
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