Patterson v. State
Mississippi Supreme Court
Appear from an order of the Hon. W. P. Cassedy, Judge, in a habeas corpus ease. Appellant, in his petition, alleged that he had been indicted in Simpson county, in the eighth district, for murder; that, after being so indicted, he was arrested and confined in the jail of said county, and that, upon a writ of habeas corpus, wherein the merits of his case were investigated, he had been denied bail; that, upon his own request, he was, by order of the circuit judge, removed to…
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Appear from an order of the Hon. W. P. Cassedy, Judge, in a habeas corpus ease. Appellant, in his petition, alleged that he had been indicted in Simpson county, in the eighth district, for murder; that, after being so indicted, he was arrested and confined in the jail of said county, and that, upon a writ of habeas corpus, wherein the merits of his case were investigated, he had been denied bail; that, upon his own request, he was, by order of the circuit judge, removed to the jail of Copiah county," in the seventh district, where he is now confined to answer said charge; that, since the…
1Opinion of the CourtWoods, J.
The construction of § 2237, code of 1892, made by the learned judge who declined to hear the relator’s petition on its merits, was too literal, and, consequently, too narrow. *678This section is directory merely, and not jurisdictional. It seems clear to us that its application is to be confined to cases on habeas corpus in which the merits are to be gone into and an examination of witnesses had as to the legality of .the relator’s detention. It is framed with reference to convenience — the convenience of the state, the relator aud the witnesses. It was not designed to cover cases like the one at…
2Cited by1 opinion
- McLeod v. McLeodMississippi Supreme Court · 1906