State Ex Rel. Meininger v. Breuer

In March, 1923, relator was convicted of embezzlement and sentenced to the penitentiary, and appealed. While this case was pending on appeal, the same circuit court took steps to put relator on trial on indictments for felony which had been found before his conviction for the embezzlement. He thereupon began this proceeding in prohibition. The ques tion presented is whether the circuit court has jurisdiction to try relator for the other offenses in question during the pendency of his appeal.

Relator contends, in legal effect, that (1) Section 3697, Revised Statutes 1919, deprives the circuit…