State Ex Rel. Russell v. Jones

Original petition for writ of mandamus to require the Honorable Walter B. Jones, as Judge of the 15th Judicial Circuit, to vacate an order granting bail to a convict, one Charley Summers, pending said convict’s appeal to this court in a proceeding of habeas corpus.

No other remedy is available to the State to effect the reincarceration of said convict pending the outcome of the habeas corpus appeal, so mandamus is proper to coerce the performance of the official act sought if the lower court was without jurisdiction to grant such bail. 38 C.J., Sec. 161, p. 645; Sec. 167, p. 647. Use of the…