Ex parte Kittrel
Supreme Court of Arkansas
Application for Mandamus, etc. There had been no application for a writ of habeas corpus to the Circuit Court, nor had any such writ been issued by the Court, There was merely a motion for a preliminary examination, with a view of granting bail; and, on the adjournment of the Court, there was no longer an application for bail pending before the Court.
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Application for Mandamus, etc. There had been no application for a writ of habeas corpus to the Circuit Court, nor had any such writ been issued by the Court, There was merely a motion for a preliminary examination, with a view of granting bail; and, on the adjournment of the Court, there was no longer an application for bail pending before the Court. If the jurisdiction of the county and circuit judges is concurrent, the County Judge heiving acquired jurisdiction by the issuance of the writ, cannot be ousted of it by a writ of prohibition. The clause of the constitution (Dig., p. 43, sec.…
1Opinion of the CourtChief Justice English
The petitioner, Joseph Kittrel, states that on the 4th day of the September term, 1859, of the Circuit Court of Johnson county, the grand jury returned an indictment against him for murder — whereupon, being in custody, he made application to the Court for bail, the Court set the next day for the hearing of the application, and ordered the witnesses to be subpoenaed; which was accordingly done, and they were in attendance until late Saturday evening, the last day of the term.
That at the time the application for bail was made, and from thence until the afternoon of Saturdajq the Court was…
2Cases cited1 opinion
- Ex parte GoodSupreme Court of Arkansas · 1858
3Cited by7 opinions
- Ware v. SandersSupreme Court of Iowa · 1910
- Day v. StateSupreme Court of Arkansas · 1932
- State ex rel. Attorney General v. WilliamsSupreme Court of Arkansas · 1911
- State v. HumphreySupreme Court of Alabama · 1899
- Damien Echols v. State of ArkansasSupreme Court of Arkansas · 2024
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